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People v. Hitchins

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2008
57 A.D.3d 801 (N.Y. App. Div. 2008)

Opinion

No. 2006-10068.

December 16, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered October 23, 2006, convicting him of robbery in the second degree, attempted robbery in the second degree, grand larceny in the fourth degree, and criminal possession of stolen property in the fifth degree (two counts), upon a jury verdict, and imposing sentence.

Steven Banks, New York, N.Y. (Allen Fallek of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Aisha S. Greene of counsel), for respondent.


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see People v Biggs, 52 AD3d 620; People v Carr-El, 287 AD2d 731, 733, affd 99 NY2d 546). 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).


Summaries of

People v. Hitchins

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2008
57 A.D.3d 801 (N.Y. App. Div. 2008)
Case details for

People v. Hitchins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SYLVIO HITCHINS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 16, 2008

Citations

57 A.D.3d 801 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 10024
868 N.Y.S.2d 910