Opinion
2013-04398 Ind. No. 8593/10.
02-03-2016
The PEOPLE, etc., respondent, v. Steven WILLIAMS, appellant.
Lynn W.L. Fahey, New York, N.Y. (Denise A. Corsi of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Jacob M. Croke [Sullivan & Cromwell, LLP] of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Denise A. Corsi of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Jacob M. Croke [Sullivan & Cromwell, LLP] of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered April 1, 2013, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the evidence was legally insufficient to prove beyond a reasonable doubt that he caused Carl Norman's death or, if he did, that he was unjustified in using deadly physical force against Norman. The defendant's contentions are unpreserved for appellate review (see CPL 470.05 2; People v. Rivera, 123 A.D.3d 742, 742, 997 N.Y.S.2d 491) and, in any event, without merit. 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 the evidence was legally sufficient to prove causation (see Penal Law § 125.201; People v. McFadden, 168 A.D.2d 461, 461, 562 N.Y.S.2d 580), and to disprove justification (see Penal Law § 35.152[a]; People v. Liu, 131 A.D.3d 547, 547–548, 14 N.Y.S.3d 506). Since the defendant's conviction was supported by legally sufficient evidence, his contention that defense counsel was ineffective because he failed to preserve his contentions that the evidence was legally insufficient is without merit (see People v. High, 119 A.D.3d 959, 960, 989 N.Y.S.2d 873).
The defendant also contends that the verdict of guilt was against the weight of the evidence. In conducting our independent review of the weight of the evidence, 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, 410, 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). Here, upon reviewing the record, including the video evidence, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 N.Y.3d 633, 643, 826 N.Y.S.2d 163, 859 N.E.2d 902; People v. Liu, 131 A.D.3d at 548, 14 N.Y.S.3d 506; People v. McFadden, 168 A.D.2d at 461, 562 N.Y.S.2d 580).
BALKIN, J.P., DICKERSON, DUFFY and LaSALLE, JJ., concur.