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People v. Afolabi

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 20, 2017
2017 N.Y. Slip Op. 8840 (N.Y. App. Div. 2017)

Opinion

2011-07831

12-20-2017

The People of the State of New York, respondent, v. Kayode J. Afolabi, appellant.

Seymour W. James, Jr., New York, NY (Lorca Morello of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Howard B. Goodman of counsel), for respondent.


JOSEPH J. MALTESE BETSY BARROS FRANCESCA E. CONNOLLY, JJ. (IDV No. 20448V/10)

Seymour W. James, Jr., New York, NY (Lorca Morello of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Howard B. Goodman of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Henry, J.), rendered August 2, 2011, convicting him of attempted assault in the third degree, menacing in the third degree, and harassment in the second degree, after a nonjury trial, and imposing sentence.

ORDERED that the judgment is affirmed.

In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5]; People v Danielson, 9 NY3d 342), we nevertheless accord great deference to the factfinder's opportunity to view the witnesses, hear the testimony, and observe their demeanor (see People v Mateo, 2 NY3d 383, 410; People v Bleakley, 69 NY2d 490, 495). Upon reviewing the record here, we are satisfied that the rejection of the justification defense and the verdict of guilt were not against the weight of the evidence (see People v Romero, 7 NY3d 633).

BALKIN, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Afolabi

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 20, 2017
2017 N.Y. Slip Op. 8840 (N.Y. App. Div. 2017)
Case details for

People v. Afolabi

Case Details

Full title:The People of the State of New York, respondent, v. Kayode J. Afolabi…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Dec 20, 2017

Citations

2017 N.Y. Slip Op. 8840 (N.Y. App. Div. 2017)