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People v. Brillant

121 A.D.3d 1010 Court N.Y. App. Div. Decision date 2014-10-22 English

Judges Mastro, J.E, Sgroi, Cohen and Miller, JJ., concur.

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p. 1010
The People of the State of New York, Respondent, v Lynda Brillant, Appellant.
[993 NYS2d 920]

Appeal by the defendant from a judgment of Supreme Court, Kings County (Ozzi, J.), rendered September 28, 2011, convicting her of assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review her contention that her conviction of assault in the third degree (Penal Law § 120.00 [1]) was not supported by legally sufficient evidence {see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 , 621 [1983]), we find that it was legally sufficient to prove the defendant’s guilt of that crime beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent

p. 1011
review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 , 348 [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]).

Mastro, J.E, Sgroi, Cohen and Miller, JJ., concur.

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