Opinion
2012-08783
12-31-2014
The PEOPLE, etc., respondent, v. Akeem LINDSAY, appellant.
Alexander Ayoub, White Plains, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfrancesco, Steven A. Bender, and Richard L. Hecht of counsel), for respondent.
Alexander Ayoub, White Plains, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfrancesco, Steven A. Bender, and Richard L. Hecht of counsel), for respondent.
MARK C. DILLON, J.P., THOMAS A. DICKERSON, LEONARD B. AUSTIN, JEFFREY A. COHEN, JJ.
Opinion Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Neary, J.), rendered August 23, 2012, convicting him of murder in the second degree, criminal possession of a weapon in the third degree, assault in the second degree, and attempted assault in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
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, 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, he was not deprived of his right to the effective assistance of counsel. Defense counsel provided meaningful representation throughout the proceedings (see
People v. Henry, 95 N.Y.2d 563, 565–566, 721 N.Y.S.2d 577, 744 N.E.2d 112 ; People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584 ; People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400 ).
The defendant was not denied a fair trial based on the trial judge's isolated comment regarding defense counsel's redirect examination of a witness. Although the trial judge's choice of words for this comment was not ideal, the comment did not denigrate the defense and does not warrant reversal (see People v. Moulton, 43 N.Y.2d 944, 946, 403 N.Y.S.2d 892, 374 N.E.2d 1243 ; People v. Toussaint, 74 A.D.3d 846, 847, 902 N.Y.S.2d 165 ).
Contrary to the defendant's contention, the fact that the sentence imposed after trial was greater than the sentence offered during plea negotiations does not establish that he was punished for asserting his right to a trial (see People v. Pena, 50 N.Y.2d 400, 411, 429 N.Y.S.2d 410, 406 N.E.2d 1347 ; People v. Brock, 69 A.D.3d 644, 891 N.Y.S.2d 292 ; People v. DeHaney, 66 A.D.3d 1040, 1041, 889 N.Y.S.2d 194 ; People v. Garcia, 66 A.D.3d 699, 701, 885 N.Y.S.2d 771 ; People v. Smith, 49 A.D.3d 904, 906, 855 N.Y.S.2d 572 ). The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).