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People v. Allen

102 A.D.3d 881 Court N.Y. App. Div. Decision date 2013-01-23 English

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p. 881
The People of the State of New York, Respondent, v Mark Allen, Appellant.
[957 NYS2d 903]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ingram, J.), rendered April 8, 2008, convicting him of attempted robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 , 348-349 [2007]), we nevertheless 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 , 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490 , 495 [1987]). 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 [2006]). Angiolillo, J.P., Leventhal, Lott and Austin, JJ., concur.

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