Majority
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Cacace, J.), rendered October 9, 2012, convicting him of driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (3), 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 [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]; 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 defendant’s remaining contention is without merit.
Hall, J.E, Roman, Duffy and LaSalle, JJ., concur.
Cases cited
- People v. Danielson 9 NY3d 342 p. 516
- People v. Bleakley 69 NY2d 490 at 495 p. 516
- People v. Romero 7 NY3d 633 p. 516