Opinion
No. 2009-07269.
November 30, 2010.
Appeal by the defendant from a judgment of the County Court, Putnam County (Rooney, J.), rendered June 24, 2009, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
Salvatore C. Adamo, New York, N.Y., for appellant.
Adam B. Levy, District Attorney, Carmel, N.Y. (Mary Jane MacCrae of counsel), for respondent.
Before: Florio, J.P., Dickerson, Belen and Austin, JJ.
Ordered that the judgment is affirmed.
The defendant's contention that the County Court improperly denied his application to dismiss a juror pursuant to CPL 270.35 is without merit because the juror stated unequivocally that he would remain fair and impartial ( see People v Davis, 248 AD2d 632).
The defendant's challenge to the legal sufficiency of the evidence supporting his conviction is unpreserved for appellate review ( see CPL 470.05; People v Hawkins, 11 NY3d 484, 492). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15; People v Danielson, 9 NY3d 342), 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 NY3d 383, 410, cert denied 542 US 946; People v Bleakley, 69 NY2d 490, 495). 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 NY3d 633).
The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).