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People v. Henriquez-Ramos

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 28, 2018
166 A.D.3d 1008 (N.Y. App. Div. 2018)

Opinion

2016-12476 Ind. No. 2821/15

11-28-2018

The PEOPLE, etc., Respondent, v. Juan Carlos HENRIQUEZ–RAMOS, Appellant.

Laurette D. Mulry, Riverhead, N.Y. (Louis E. Mazzola of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.


Laurette D. Mulry, Riverhead, N.Y. (Louis E. Mazzola of counsel), for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.

LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, SANDRA L. SGROI, HECTOR D. LASALLE, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

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 rape in the first degree (two counts), sexual abuse in the first degree (three counts), course of sexual conduct against a child in the first degree, and course of sexual conduct against a child in the second degree 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 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 ). 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 ).

The defendant's remaining contentions are without merit.

AUSTIN, J.P., ROMAN, SGROI and LASALLE, JJ., concur.


Summaries of

People v. Henriquez-Ramos

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 28, 2018
166 A.D.3d 1008 (N.Y. App. Div. 2018)
Case details for

People v. Henriquez-Ramos

Case Details

Full title:The People of the State of New York, respondent, v. Juan Carlos…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Nov 28, 2018

Citations

166 A.D.3d 1008 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 8146
86 N.Y.S.3d 747

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