Opinion
No. 2009-00460.
May 31, 2011.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Cohen, J.), rendered December 16, 2008, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfranesco, Lois Cullen Valerio, and Richard Longworth Hecht of counsel), for respondent.
Before: Covello, J.P., Angiolillo, Dickerson and Roman, JJ.
Ordered that the judgment is affirmed.
Contrary to the People's position, the defendant's challenge to the legal sufficiency of the evidence is preserved for appellate review ( see People v Hines, 97 NY2d 56, 61; People v Squires, 68 AD3d 900; People v Soto, 8 AD3d 683, 684). Viewing the evidence in the light most favorable to the People ( see People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, 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 accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v Mateo, 2 NY3d 383, cert denied 542 US 946). Upon reviewing the record, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).