Opinion
01-18-2017
The PEOPLE, etc., respondent, v. Warren COOPER, appellant.
Leon H. Tracy, Jericho, N.Y., for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Daniel Bresnahan and Mary Faldich of counsel), for respondent.
Leon H. Tracy, Jericho, N.Y., for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Daniel Bresnahan and Mary Faldich of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Carter, J.), rendered February 26, 2015, convicting him of burglary in the second degree, criminal possession of stolen property in the fifth degree, and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's challenge to the legal sufficiency of the evidence supporting his convictions is unpreserved for appellate review (see CPL 470.05[2] ; People v. Hawkins, 11 N.Y.3d 484, 872 N.Y.S.2d 395, 900 N.E.2d 946 ). In any event, 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 of burglary in the second degree (Penal Law § 140.25[2] ), criminal possession of stolen property in the fifth degree (Penal Law § 165.40 ), and criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [12] ), 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 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 sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
LEVENTHAL, J.P., HALL, SGROI and DUFFY, JJ., concur.