Opinion
2019–13803 Ind. No. 317/18
12-22-2021
The PEOPLE, etc., respondent, v. Troy CASEY, appellant.
Judah Maltz, Kew Gardens, NY, for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Christopher Blira–Koessler, and Natasha R. Pooran of counsel), for respondent.
Judah Maltz, Kew Gardens, NY, for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Christopher Blira–Koessler, and Natasha R. Pooran of counsel), for respondent.
REINALDO E. RIVERA, J.P., VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, LARA J. GENOVESI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Ronald D. Hollie, J.), rendered October 1, 2019, convicting him of assault in the third degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant was charged with various crimes arising out of a physical altercation among several people at the Baisley Park Houses in Queens in 2017. After a nonjury trial, the defendant was convicted of assault in the third degree.
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to disprove the defendant's justification defense and to establish the defendant's guilt of assault in the third degree beyond a reasonable doubt (see Penal Law § 120.00 ; People v. King, 85 A.D.3d 820, 925 N.Y.S.2d 561 ). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence pursuant to CPL 470.15(5), we nevertheless accord great deference to the factfinder'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 ). "[T]he appropriate standard for evaluating [a] weight of the evidence argument is the same, regardless of whether the factfinder was a judge or jury" ( People v. Rojas, 80 A.D.3d 782, 782, 915 N.Y.S.2d 602 [internal quotation marks omitted]; see People v. King, 85 A.D.3d at 821, 925 N.Y.S.2d 561 ). Upon our review of 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 ).
RIVERA, J.P., BRATHWAITE NELSON, CHRISTOPHER and GENOVESI, JJ., concur.