Opinion
No. 2009–2138KCR.
2013-03-15
The PEOPLE of the State of New York, Respondent, v. Oscar CUNNINGHAM, Appellant.
Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Desmond A. Green, J.), rendered August 19, 2009. The judgment, after a nonjury trial, convicted defendant of attempted criminal contempt in the second degree.
Present: PESCE, P.J., WESTON and RIOS, JJ.
ORDERED that the judgment of conviction is affirmed.
After a nonjury trial, defendant was convicted of attempted criminal contempt in the second degree (Penal Law §§ 110.00, 215.30[3] ). At the trial, the complainant testified that defendant had called her on the telephone, in violation of an order of protection. Defendant testified that he did not make the telephone call as claimed. On appeal, defendant contends that the verdict of guilt was against the weight of the evidence.
Upon the exercise of our factual review power ( seeCPL 470.15[5]; People v. Romero, 7 N.Y.3d 633 [2006] ), we find that the verdict was not against the weight of the evidence. In fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see People v. Danielson, 9 N.Y.3d 342, 347 [2007] ), we accord great deference to the factfinder's opportunity to view the witnesses, hear their testimony, observe their demeanor and assess their credibility (People v. Lane, 7 N.Y.3d 888, 890 [2006];People v. Bleakley, 69 N.Y.2d 490, 495 [1987] ). On this record, it cannot be said that the Criminal Court's credibility determination was unreasonable.
Accordingly, the judgment of conviction is affirmed.