Opinion
03-01-2017
The PEOPLE, etc., respondent, v. Giorgi SHEVARDENIDZE, appellant.
Lynn W.L. Fahey, New York, NY (Patricia Pazner and Dina Zloczower of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Anthea H. Bruffee, and Gibson, Dunn & Crutcher LLP [R. Scott Roe ], of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (Patricia Pazner and Dina Zloczower of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Anthea H. Bruffee, and Gibson, Dunn & Crutcher LLP [R. Scott Roe ], of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Harrington, J.), rendered August 12, 2014, convicting him of aggravated sexual abuse 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 evidence was legally insufficient to establish his guilt of aggravated sexual abuse in the second degree (see CPL 470.05[2] ; People v. Hawkins, 11 N.Y.3d 484, 492, 872 N.Y.S.2d 395, 900 N.E.2d 946 ; People v. Atta, 126 A.D.3d 713, 716, 5 N.Y.S.3d 455 ). In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish the defendant's guilt of aggravated sexual abuse in the second degree beyond a reasonable doubt (see Penal Law § 130.67[1][a] ). 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, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we nevertheless accord great deference to the jury's opportunity to view witnesses, hear the testimony, and observe demeanor (see People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ). Upon our independent review of the record here, we are satisfied that the verdict of guilt as to the crime of aggravated sexual abuse in the second degree, including the "physical injury" element, was not against the weight of the evidence.
The defendant's contention that defense counsel's failure to preserve certain claims for appellate review constituted ineffective assistance of counsel is without merit (see People v. Benevento, 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584 ; People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400 ; People v. Bedford, 95 A.D.3d 1226, 1227, 944 N.Y.S.2d 638 ; People v.
Erskine, 90 A.D.3d 674, 675, 933 N.Y.S.2d 740 ; People v. Greenlee, 70 A.D.3d 966, 967, 897 N.Y.S.2d 132 ).
RIVERA, J.P., COHEN, MILLER and BRATHWAITE NELSON, JJ., concur.