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People v. Rodriguez

Supreme Court, Appellate Division, Second Department, New York.
Apr 15, 2015
127 A.D.3d 997 (N.Y. App. Div. 2015)

Opinion

2012-01493, Ind. No. 3196/09.

04-15-2015

The PEOPLE, etc., respondent, v. Sandro RODRIGUEZ, appellant.

Martin Goldberg, Franklin Square, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel), for respondent.


Martin Goldberg, Franklin Square, N.Y., for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel), for respondent.

PETER B. SKELOS, J.P., JOHN M. LEVENTHAL, JEFFREY A. COHEN, and COLLEEN D. DUFFY, JJ.

Opinion Appeal by the defendant from a judgment of Supreme Court, Kings County (Dwyer, J.), rendered May 16, 2011, convicting him of attempted murder in the second degree, assault in the first degree, assault in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the convictions of attempted murder in the second degree (Penal Law § 125.25[1] ;110.00), assault in the first degree (Penal Law § 120.10[1] ), assault in the second degree (Penal Law § 125.05[2] ), and criminal possession of a weapon in the second degree (Penal Law § 265.03[1] [b] ) were not supported by legally sufficient evidence (see People v. Hawkins, 11 N.Y.3d 484, 872 N.Y.S.2d 395, 900 N.E.2d 946 ; CPL 470.05[2] ). In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to prove the defendant's guilt of those crimes beyond a reasonable doubt. Moreover, 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, 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, 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 find that the verdict of guilt of those crimes 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 ).


Summaries of

People v. Rodriguez

Supreme Court, Appellate Division, Second Department, New York.
Apr 15, 2015
127 A.D.3d 997 (N.Y. App. Div. 2015)
Case details for

People v. Rodriguez

Case Details

Full title:The PEOPLE, etc., respondent, v. Sandro RODRIGUEZ, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Apr 15, 2015

Citations

127 A.D.3d 997 (N.Y. App. Div. 2015)
6 N.Y.S.3d 150
2015 N.Y. Slip Op. 3191

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