Opinion
2013–07536 Ind. No. 30/12
01-10-2018
The PEOPLE, etc., respondent, v. Paul SELLERS, appellant.
Paul Sellers, Attica, NY, appellant pro se. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget R. Steller of counsel), for respondent.
Paul Sellers, Attica, NY, appellant pro se.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget R. Steller of counsel), for respondent.
WILLIAM F. MASTRO, J.P., SHERI S. ROMAN, ROBERT J. MILLER, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered July 18, 2013, convicting him of conspiracy in the second degree, attempted murder in the second degree (two counts), assault in the first degree, attempted assault in the first degree, gang assault in the first degree, attempted gang assault in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5] ; People v. Danielson, 9 N.Y.3d 342, 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 verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902 ).
The defendant's contention that the prosecutor presented perjured testimony is unpreserved for appellate review (see CPL 470.05[2] ) and, in any event, without merit (see People v. Robinson, 138 A.D.3d 764, 766, 29 N.Y.S.3d 466 ; People v. Tate, 110 A.D.3d 1013, 1014, 972 N.Y.S.2d 719 ; People v. Jordan, 181 A.D.2d 745, 581 N.Y.S.2d 71 ).
MASTRO, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.