Although social workers are not automatically considered agents of the police, they may be so considered under certain circumstances (seePeople v. Rodriguez , 135 A.D.3d 1181, 1184-1185, 23 N.Y.S.3d 692 [3d Dept. 2016], lv denied 28 N.Y.3d 936, 40 N.Y.S.3d 364, 63 N.E.3d 84 [2016] ). In determining whether there is an agency relationship, the existence of a joint task force involving CPS and law enforcement agencies is not itself dispositive (seePeople v. Wilcox , 192 A.D.3d 1540, 1541, 144 N.Y.S.3d 770 [4th Dept. 2021], lv denied 37 N.Y.3d 961, 147 N.Y.S.3d 518, 170 N.E.3d 392 [2021] ). Rather, it is the "degree of investigatory cooperation" between the two agencies that should be considered ( People v. Rodas , 145 A.D.3d 1452, 1453, 43 N.Y.S.3d 624 [4th Dept. 2016] ; seePeople v. Wilhelm , 34 A.D.3d 40, 48, 822 N.Y.S.2d 786 [3d Dept. 2006] ; People v. Greene , 306 A.D.2d 639, 640-641, 760 N.Y.S.2d 769 [3d Dept. 2003], lv denied 100 N.Y.2d 594, 766 N.Y.S.2d 170, 798 N.E.2d 354 [2003] ).

Although social workers are not automatically considered agents of the police, they may be so considered under certain circumstances (see People v Rodriguez, 135 A.D.3d 1181, 1184-1185 [3d Dept 2016], lv denied 28 N.Y.3d 936 [2016]). In determining whether there is an agency relationship, the existence of a joint task force involving CPS and law enforcement agencies is not itself dispositive (see People v Wilcox, 192 A.D.3d 1540, 1541 [4th Dept 2021], lv denied 37 N.Y.3d 961 [2021]). Rather, it is the "degree of investigatory cooperation" between the two agencies that should be considered (People v Rodas, 145 A.D.3d 1452, 1453 [4th Dept 2016]; see People v Wilhelm, 34 A.D.3d 40, 48 [3d Dept 2006]; People v Greene, 306 A.D.2d 639, 640-641 [3d Dept 2003], lv denied 100 N.Y.2d 594 [2003]).

Although social workers are not automatically considered agents of the police, they may be so considered under certain circumstances (see People v Rodriguez, 135 A.D.3d 1181, 1184-1185 [3d Dept 2016], lv denied 28 N.Y.3d 936 [2016]). In determining whether there is an agency relationship, the existence of a joint task force involving CPS and law enforcement agencies is not itself dispositive (see People v Wilcox, 192 A.D.3d 1540, 1541 [4th Dept 2021], lv denied 37 N.Y.3d 961 [2021]). Rather, it is the "degree of investigatory cooperation" between the two agencies that should be considered (People v Rodas, 145 A.D.3d 1452, 1453 [4th Dept 2016]; see People v Wilhelm, 34 A.D.3d 40, 48 [3d Dept 2006]; People v Greene, 306 A.D.2d 639, 640-641 [3d Dept 2003], lv denied 100 N.Y.2d 594 [2003]).

Disposition: Applications for Criminal Leave to appeal denied Decision Reported Below: 4th Dept: 192 A.D.3d 1540 (Monroe)

Viewing the evidence in light of the elements of the crime as charged to the jury (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007]), we reject defendant’s further contention that the verdict is against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987]). Even assuming, arguendo, that a different verdict would not have been unreasonable, we conclude that "the jury was in the best position to assess the credibility of the witnesses and, on this record, it cannot be said that the jury failed to give the evidence the weight it should be accorded" (People v. Orta, 12 A.D.3d 1147, 1147, 784 N.Y.S.2d 812 [4th Dept. 2004], lv denied. 4 N.Y.3d 801, 795 N.Y.S.2d 176, 828 N.E.2d 92 [2005]; see People v. Wilcox, 192 A.D.3d 1540, 1541, 144 N.Y.S.3d 770 [4th Dept. 2021], lv denied 37 N.Y.3d 961, 147 N.Y.S.3d 518, 170 N.E.3d 392 [2021]; People v. Elmore, 175 A.D.3d 1003, 1005, 107 N.Y.S.3d 252 [4th Dept. 2019], lv denied. 34 N.Y.3d 1158, 120 N.Y.S.3d 277, 142 N.E.3d 1179 [2020]). Finally, the sentence is not unduly harsh or severe.

(see generally People v Bleakley, 69 N.Y.2d 490, 495 [1987]). Even assuming, arguendo, that a different verdict would not have been unreasonable, we conclude that "the jury was in the best position to assess the credibility of the witnesses and, on this record, it cannot be said that the jury failed to give the evidence the weight it should be accorded" (People v Orta, 12 A.D.3d 1147, 1147 [4th Dept 2004], lv denied 4 N.Y.3d 801 [2005]; see People v Wilcox, 192 A.D.3d 1540, 1541 [4th Dept 2021], lv denied 37 N.Y.3d 961 [2021]; People v Elmore, 175 A.D.3d 1003, 1005 [4th Dept 2019], lv denied 34 N.Y.3d 1158 [2020]).