Opinion
2010-07915 Ind. No. 12515/08.
02-03-2016
The PEOPLE, etc., respondent, v. Keith PHOENIX, appellant.
Seymour W. James, Jr., New York, N.Y. (Lorraine Maddalo of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Seth M. Lieberman, and John C. Carroll of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Lorraine Maddalo of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Seth M. Lieberman, and John C. Carroll of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered August 5, 2010, convicting him of murder in the second degree as a hate crime and attempted assault in the first degree as a hate crime, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the verdict of guilt is against the weight of the credible evidence. In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.155; People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v. Mateo, 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053; People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Upon reviewing the record here, we are satisfied that the jury's verdict of guilt as to murder in the second degree as a hate crime was not against the weight of the evidence (see Penal Law § 485.051[b]; People v. Romero, 7 N.Y.3d 633, 643, 826 N.Y.S.2d 163, 859 N.E.2d 902; People v. Ortiz, 48 A.D.3d 1112, 851 N.Y.S.2d 784; People v. Marino, 35 A.D.3d 292, 826 N.Y.S.2d 68; People v. Pirozzi, 237 A.D.2d 628, 656 N.Y.S.2d 42), and the jury's verdict of guilt as to attempted assault in the first degree as a hate crime was not against the weight of the evidence (see Penal Law § 20.00; People v. Scott, 25 N.Y.3d 1107, 14 N.Y.S.3d 308, 35 N.E.3d 476; People v. Romero, 7 N.Y.3d at 643, 826 N.Y.S.2d 163, 859 N.E.2d 902; People v. Witherspoon, 300 A.D.2d 605, 753 N.Y.S.2d 88; People v. Santana, 191 A.D.2d 174, 594 N.Y.S.2d 189).
Contrary to the defendant's contention, the sentence imposed on the conviction of attempted assault in the first degree as a hate crime was not excessive (see People v. Delgado, 80 N.Y.2d 780, 587 N.Y.S.2d 271, 599 N.E.2d 675).
BALKIN, J.P., DICKERSON, MILLER and HINDS–RADIX, JJ., concur.