Opinion
2011-11-3
The PEOPLE, etc., respondent,v.Karsem ALLEN, appellant.
Lynn W.L. Fahey, New York, N.Y. (Jessica M. McNamara of counsel), for appellant.Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Francis Longobardi of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered October 18, 2010, convicting him of intimidating a victim or witness in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the verdict was against the weight of the evidence. 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, cert. denied 542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828; 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). Any inconsistencies in the complaining witness's testimony were minor and did not render his testimony incredible or unreliable ( see People v. Clerge, 69 A.D.3d 955, 893 N.Y.S.2d 607; People v. Scipio, 61 A.D.3d 899, 878 N.Y.S.2d 747). The fact that the defendant was acquitted on the count of tampering with a witness in the third degree ( see Penal Law § 215.11[1] ) did not undermine the weight of the evidence supporting the jury's conviction on the count of intimidating a victim or witness in the third degree ( see Penal Law § 215.15[1]; People v. Rayam, 94 N.Y.2d 557, 563, 708 N.Y.S.2d 37, 729 N.E.2d 694;
People v. Woods, 82 A.D.3d 1277, 919 N.Y.S.2d 368; People v. Williams, 13 A.D.3d 131, 785 N.Y.S.2d 458; People v. Freeman, 298 A.D.2d 311, 749 N.Y.S.2d 231). Accordingly, the jury's verdict convicting the defendant of intimidating a victim or witness in the third degree was not against the weight of the evidence.
DILLON, J.P., DICKERSON, CHAMBERS and MILLER, JJ., concur.