Opinion
2011-11-15
The PEOPLE, etc., respondent,v.Edward PERRY, appellant.
Lynn W.L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant.Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeannette Lifschitz, and Tina Grillo of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered October 3, 2008, convicting him of criminal sale of a controlled substance in the third degree, after a nonjury trial, 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 factfinder'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, 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 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). The evidence adduced at trial supported a finding that the defendant was not actively induced and was predisposed to commit the offense charged ( see People v. Gordon, 72 A.D.3d 841, 842, 898 N.Y.S.2d 257; People v. Wicht, 48 A.D.3d 491, 851 N.Y.S.2d 266; People v. Castro, 299 A.D.2d 557, 750 N.Y.S.2d 510).
DILLON, J.P., BALKIN, LEVENTHAL and BELEN, JJ., concur.