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People v. Richey

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 2009
59 A.D.3d 641 (N.Y. App. Div. 2009)

Opinion

2009 NY Slip Op 01240, 872 N.Y.S.2d 675

February 17, 2009.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered March 1, 2007, convicting her of assault in the third degree and criminal possession of a weapon in the fourth degree (two counts), after a nonjury trial, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Melissa S. Horlick of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Phyllis Mintz, and Elizabeth K. Quinn of counsel), for respondent.

Before: Florio, J.P., Covello, Balkin and Leventhal, JJ.


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; 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 guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).


Summaries of

People v. Richey

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 2009
59 A.D.3d 641 (N.Y. App. Div. 2009)
Case details for

People v. Richey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ZARHIAH RICHEY…

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

Date published: Feb 17, 2009

Citations

59 A.D.3d 641 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 1240
872 N.Y.S.2d 675