People v. DeMaria — 116 A.D.3d 967

Majority

p. 967

The People of the State of New York, Respondent, v Frank DeMaria, Appellant.

[983 NYS2d 835]

— Appeal by the defendant from a judgment of the County Court, Westchester

p. 968

County (Zambelli, J.), rendered May 22, 2012, convicting him of course of sexual conduct against a child in the second degree (three counts), sexual abuse in the first degree (two counts), and endangering the welfare of a child (four counts), 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 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 sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Rivera, J.P, Leventhal, Hinds-Radix and Maltese, JJ., concur.

Cases cited

People v. Danielson 9 NY3d 342 N.Y. 2007-12-13 at 348-349 p. 968
Middleton v. McNeil 542 US 946 SCOTUS 2004-06-28 p. 968
People v. Bleakley 69 NY2d 490 N.Y. 1987-05-07 at 495 p. 968
People v. Romero 7 NY3d 633 N.Y. 2006-11-21 p. 968
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 968