People v. Guzman — 116 A.D.3d 790

Majority

p. 790

The People of the State of New York, Respondent, v Harry Guzman, Appellant.

[982 NYS2d 908]

— Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Holdman, J.), rendered July 9, 2010, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Betancourt, 68 NY2d 707 [1986]; People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish his guilt of burglary in the second degree beyond a reasonable doubt (see Penal Law § 140.25 [2]; People v Hammon, 47 AD3d 644 [2008]; People v Balaz, 43 AD3d 949

p. 791

[2007]; People v Moon, 11 AD3d 486 [2004]; People v Brown, 288 AD2d 233 [2001]; People v Hirsch, 280 AD2d 612 [2001]; People v Murray, 168 AD2d 573 [1990]). Contrary to the defendant’s contention, his intent to commit a crime within the subject residence was sufficiently established by circumstantial evidence (see People v Barnes, 50 NY2d 375 , 380 [1980]; People v Bergman, 70 AD3d 1494 [2010]; People v Gilmore, 199 AD2d 410 , 411 [1993]; People v Lide, 192 AD2d 557 , 558 [1993]; People v Murray, 168 AD2d 573 [1990]; People v Caraballo, 138 AD2d 725 [1988]), including DNA evidence linking the defendant to the crime (see People v Jones, 105 AD3d 1059 , 1060 [2013]; People v Dolan, 2 AD3d 745 , 746 [2003]; People v Rush, 242 AD2d 108 [1998]).

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

Contrary to the defendant’s contention, the Supreme Court conducted an extensive colloquy, following which the defendant executed a knowing, voluntary, and intelligent waiver of his right to counsel (see People v Providence, 2 NY3d 579 , 583 [2004]; People v Vivenzio, 62 NY2d 775 [1984]; People v Anderson, 94 AD3d 1010 , 1012 [2012]).

The defendant’s remaining contention is without merit. Dillon, J.E, Chambers, Austin and Duffy, JJ., concur.

Cases cited

People v. Betancourt 68 NY2d 707 N.Y. 1986-07-03 p. 790
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 790
People v. Hammon 47 AD3d 644 N.Y. App. Div. 2008-01-08 p. 790
People v. Balaz 43 AD3d 949 N.Y. App. Div. 2007-09-11 p. 790
People v. Moon 11 AD3d 486 N.Y. App. Div. 2004-10-04 p. 791
People v. Brown 288 AD2d 233 N.Y. App. Div. 2001-11-05 p. 791
People v. Murray 168 AD2d 573 N.Y. App. Div. 1990-12-17 p. 791
People v. Barnes 50 NY2d 375 N.Y. 1980-06-03 at 380 p. 791
People v. Bergman 70 AD3d 1494 N.Y. App. Div. 2010-02-11 p. 791
People v. Gilmore 199 AD2d 410 N.Y. App. Div. 1993-12-20 at 411 p. 791
People v. Dolan 2 AD3d 745 N.Y. App. Div. 2003-12-22 at 746 p. 791
People v. Rush 242 AD2d 108 N.Y. App. Div. 1998-04-27 p. 791
People v. Danielson 9 NY3d 342 N.Y. 2007-12-13 p. 791
Middleton v. McNeil 542 US 946 SCOTUS 2004-06-28 p. 791
People v. Bleakley 69 NY2d 490 N.Y. 1987-05-07 at 495 p. 791
People v. Romero 7 NY3d 633 N.Y. 2006-11-21 p. 791
People v. Vivenzio 62 NY2d 775 N.Y. 1984-05-15 p. 791
People v. Anderson 94 AD3d 1010 N.Y. App. Div. 2012-04-17 at 1012 p. 791