Opinion
2010-1044 P CR.
Decided August 1, 2011.
Appeal from a judgment of the Justice Court of the Town of Putnam Valley, Putnam County (Gina C. Capone, J.), rendered December 15, 2009. The judgment convicted defendant, after a nonjury trial, of building without a permit.
ORDERED that the judgment of conviction is affirmed.
PRESENT: NICOLAI, P.J., TANENBAUM and LaCAVA, JJ.
Defendant was convicted, after a nonjury trial, of building without a permit (Code of the Town of Putnam Valley § 165-80). Defendant's contention that the evidence at trial was legally insufficient to establish his guilt beyond a reasonable doubt is not preserved for appellate review ( see CPL 470.05; People v Hawkins, 11 NY3d 484, 491-492). In any event, viewing the evidence in the light most favorable to the People ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt defendant's guilt of building without a permit. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15; People v Danielson, 9 NY3d 342), we accord great deference to the factfinder's opportunity to view the witnesses, hear their testimony, observe their demeanor and assess their credibility ( see People v Lane, 7 NY3d 888, 890; People v Bleakley, 69 NY2d 490, 495). Upon a review of the record, we are satisfied that the verdict was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).
Defendant's remaining contentions are either without merit or are unpreserved for appellate review.
Nicolai, P.J., Tanenbaum and LaCava, JJ., concur.