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People v. Hugewe

Supreme Court, Appellate Division, Second Department, New York.
Feb 5, 2014
114 A.D.3d 702 (N.Y. App. Div. 2014)

Opinion

2014-02-5

The PEOPLE, etc., respondent, v. Francis HUGEWE, appellant.

Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Jonathan Scharf of counsel; Leslie Hung on the brief), for respondent.


Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Jonathan Scharf of counsel; Leslie Hung on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Griffin, J.), rendered November 16, 2011, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

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 disprove the defendant's justification defense. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( seeCPL 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 their demeanor ( see People v. Mateo, 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053, cert. denied542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828; 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 that the jury's rejection of the defendant's justification defense and the verdict of guilt were 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). RIVERA, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.


Summaries of

People v. Hugewe

Supreme Court, Appellate Division, Second Department, New York.
Feb 5, 2014
114 A.D.3d 702 (N.Y. App. Div. 2014)
Case details for

People v. Hugewe

Case Details

Full title:The PEOPLE, etc., respondent, v. Francis HUGEWE, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Feb 5, 2014

Citations

114 A.D.3d 702 (N.Y. App. Div. 2014)
114 A.D.3d 702
2014 N.Y. Slip Op. 685

Citing Cases

People v. Hugewe

Disposition: Applications for Criminal Leave to appeal denied Decision Reported Below: 2d Dept: 114 AD3d 702…