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People v. Perez

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 2011
2011 N.Y. Slip Op. 7242 (N.Y. App. Div. 2011)

Opinion

2009-01060.

Decided on October 11, 2011.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Konviser, J.), rendered January 23, 2009, convicting him of robbery in the second degree (four counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Lynn W. L. Fahey, New York, N.Y. (Jonathan M. Kratter of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Lori Glachman, and Matthew Livits of counsel), for respondent.

DANIEL D. ANGIOLILLO, J.P., THOMAS A. DICKERSON, CHERYL E. CHAMBERS, PLUMMER E. LOTT, JJ.


DECISION ORDER

The defendant's contention that the evidence was legally insufficient to support the convictions of robbery in the second degree is unpreserved 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 prosecution ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see People v Gonzalez ,3 AD3d 579). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPLR 470.15[5]; People v Danielson ,9 NY3d 342), 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 NY3d 383, 410, cert denied 542 US 946; People v Bleakley, 69 NY2d 490, 495). Upon reviewing the record here, we are satisfied that the verdict of guilty was not against the weight of the evidence ( see People v Romero , 7 NY3d 633).

ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.


Summaries of

People v. Perez

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 2011
2011 N.Y. Slip Op. 7242 (N.Y. App. Div. 2011)
Case details for

People v. Perez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, respondent, v. JUAN PEREZ, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 11, 2011

Citations

2011 N.Y. Slip Op. 7242 (N.Y. App. Div. 2011)
930 N.Y.S.2d 895