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People v. Jones

Supreme Court, Appellate Division, Second Department, New York.
May 11, 2016
139 A.D.3d 880 (N.Y. App. Div. 2016)

Opinion

05-11-2016

The PEOPLE, etc., respondent, v. Gary JONES, appellant.

Lynn W.L. Fahey, New York, NY (Elizabeth Budnitz of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Jonathan V. Brewer of counsel), for respondent.


Lynn W.L. Fahey, New York, NY (Elizabeth Budnitz of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Jonathan V. Brewer of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered April 25, 2012, convicting him of attempted robbery in the first degree and attempted robbery in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence supporting his convictions is unpreserved for appellate review since he failed to move for a trial order of dismissal specifically directed at the errors he now claims (see CPL 470.05[2] ; People v. Carncross, 14 N.Y.3d 319, 324–325, 901 N.Y.S.2d 112, 927 N.E.2d 532 ; People v. Hawkins, 11 N.Y.3d 484, 492, 872 N.Y.S.2d 395, 900 N.E.2d 946 ). In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), 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[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, 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 defendant's remaining contention is without merit.

LEVENTHAL, J.P., HALL, HINDS–RADIX and LaSALLE, JJ., concur.


Summaries of

People v. Jones

Supreme Court, Appellate Division, Second Department, New York.
May 11, 2016
139 A.D.3d 880 (N.Y. App. Div. 2016)
Case details for

People v. Jones

Case Details

Full title:The PEOPLE, etc., respondent, v. Gary JONES, appellant.

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

Date published: May 11, 2016

Citations

139 A.D.3d 880 (N.Y. App. Div. 2016)
139 A.D.3d 880
2016 N.Y. Slip Op. 3759

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