Opinion
2013-03-27
The PEOPLE, etc., respondent, v. Diego LEWIS, appellant.
Lynn W.L. Fahey, New York, N.Y. (Kathleen Whooley and Lisa Napoli of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, Tina Grillo, and Donna Aldea of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Kathleen Whooley and Lisa Napoli of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, Tina Grillo, and Donna Aldea of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Knopf, J.), rendered June 29, 2010, convicting him of assault in the first degree (two counts) and resisting arrest, 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, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to prove, beyond a reasonable doubt, that the defendant committed assault in the first degree ( seePenal Law § 120.10 [1], [2]; People v. Legette, 96 A.D.3d 1078, 946 N.Y.S.2d 894;People v. Alston, 45 A.D.3d 398, 845 N.Y.S.2d 310;People v. Wade, 187 A.D.2d 687, 590 N.Y.S.2d 245). 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 demeanor ( see People v. Mateo, 2 N.Y.3d 383, 779 N.Y.S.2d 399, 811 N.E.2d 1053,cert. denied 542 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 verdict of guilt as to both counts of assault in the first degree and for resisting arrest 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;*910People v. Legette, 96 A.D.3d at 1079, 946 N.Y.S.2d 894).