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People v. Stoney

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 2010
72 A.D.3d 708 (N.Y. App. Div. 2010)

Opinion

No. 2006-05891.

April 6, 2010.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered May 11, 2006, convicting him of criminally negligent homicide, after a nonjury trial, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.

Before: Fisher, J.P., Covello, Lott and Sgroi, JJ., concur.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to disprove the defendant's justification defense beyond a reasonable doubt ( see Penal Law § 35.15; People v Spells, 66 AD3d 924; People v Acquista, 41 AD3d 491, 492; People v Williams, 304 AD2d 595).

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. Stoney

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 2010
72 A.D.3d 708 (N.Y. App. Div. 2010)
Case details for

People v. Stoney

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARD STONEY…

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

Date published: Apr 6, 2010

Citations

72 A.D.3d 708 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 2974
897 N.Y.S.2d 642

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