From Casetext: Smarter Legal Research

People v. Jones

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 24, 2018
165 A.D.3d 1172 (N.Y. App. Div. 2018)

Opinion

2015–05846 Ind. No. 6128/13

10-24-2018

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

The Legal Aid Society, New York, N.Y. (Ronald Alfano of counsel) for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.


The Legal Aid Society, New York, N.Y. (Ronald Alfano of counsel) for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.

JOHN M. LEVENTHAL, J.P., JEFFREY A. COHEN, HECTOR D. LASALLE, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Joel Goldberg, J.), rendered June 19, 2015, convicting him of robbery in the second degree, after a nonjury trial, 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 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 People v. Danielson, 9 N.Y.3d 342, 348, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we nevertheless accord great deference to the factfinder's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v. Mateo, 2 N.Y.3d 383, 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 ).

Contrary to the defendant's contention, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

LEVENTHAL, J.P., COHEN, LASALLE and CHRISTOPHER, JJ., concur.


Summaries of

People v. Jones

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 24, 2018
165 A.D.3d 1172 (N.Y. App. Div. 2018)
Case details for

People v. Jones

Case Details

Full title:The People of the State of New York, respondent, v. Keston Jones…

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

Date published: Oct 24, 2018

Citations

165 A.D.3d 1172 (N.Y. App. Div. 2018)
165 A.D.3d 1172
2018 N.Y. Slip Op. 7148