People v. Texiera — 113 A.D.3d 641

Majority

p. 641

The People of the State of New York, Respondent, v Carlos E. Texiera, Appellant.

[977 NYS2d 893]

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find 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 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accord great deference to the opportunity of the finder of fact to view the witnesses, hear the testimony, and

p. 642

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 here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

The totality of the record reveals that the defendant was afforded the effective assistance of counsel (see People v Benevento, 91 NY2d 708 , 712 [1998]; People v Baldi, 54 NY2d 137 , 147 [1981]).

The defendant’s remaining contentions are without merit. Skelos, J.P., Leventhal, Lott and Cohen, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 641
People v. Danielson 9 NY3d 342 N.Y. 2007-12-13 p. 641
Middleton v. McNeil 542 US 946 SCOTUS 2004-06-28 p. 642
People v. Bleakley 69 NY2d 490 N.Y. 1987-05-07 at 495 p. 642
People v. Romero 7 NY3d 633 N.Y. 2006-11-21 p. 642
People v. Benevento 91 NY2d 708 N.Y. 1998-06-11 at 712 p. 642
People v. Baldi 54 NY2d 137 N.Y. 1981-10-29 at 147 p. 642