Opinion
2014-08-20
The PEOPLE, etc., respondent, v. Gerald LINSTER, appellant.
Joseph F. DeFelice, Kew Gardens, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley, Anthony J. Viola, Andre K. Cizmarik, and Kara M. Cormier of counsel), for respondent.
Joseph F. DeFelice, Kew Gardens, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley, Anthony J. Viola, Andre K. Cizmarik, and Kara M. Cormier of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Grella, J.), rendered March 21, 2013, convicting him of robbery in the third degree and grand larceny in the fourth 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 ( seeCPL 470.15[5]; People v. Danielson, 9 N.Y.3d 342, 348, 849 N.Y.S.2d 480, 880 N.E.2d 1), we 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 the effective assistance of counsel, as defense counsel provided meaningful representation ( see People v. Benevento, 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584;People v. West, 105 A.D.3d 781, 961 N.Y.S.2d 785;People v. Prescott, 63 A.D.3d 1090, 880 N.Y.S.2d 567;People v. Velez, 197 A.D.2d 651, 652, 602 N.Y.S.2d 689).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 85–86, 455 N.Y.S.2d 675). RIVERA, J.P., ROMAN, SGROI and LaSALLE, JJ., concur.