Opinion
No. 2006-09462.
November 12, 2008.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered September 22, 2006, convicting him of burglary in the first degree, assault in the first degree, criminal possession of a weapon in the fourth degree and criminal mischief in the fourth degree, after a nonjury trial, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Michael Dang of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Christopher Barnett of counsel), for respondent.
Before: Prudenti, P.J., Mastro, Fisher and Dillon, JJ.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to sustain his conviction is unpreserved for appellate review ( see CPL 470.05; People v Gray, 86 NY2d 10, 19-21). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see People v Calabria, 3 NY3d 80, 82; People v Vecchio, 31 AD3d 674; cf. People v Foster, 64 NY2d 1144, 1147).
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). The complainant identified the defendant, whom he had known for many years, as his attacker. We see no reason to disturb the determination of the trial court, acting as factfinder, that this testimony was credible.