Majority
Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered October 12, 2011, convicting him of grand larceny in the third degree, after a nonjury trial, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress his statement to law enforcement officials.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the County Court
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 establish the defendant’s guilt of grand larceny in the third degree 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 factfinder’s opportunity to view the witnesses, hear 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 (s ee People v Romero, 7 NY3d 633 [2006]).
Dillon, J.P, Dickerson, Cohen and Duffy, JJ., concur.
Cases cited
- Miranda v. Arizona 384 US 436 p. 709
- People v. Hewitt 82 AD3d 1119 at 1120 p. 709
- People v. Contes 60 NY2d 620 at 621 p. 709
- People v. Danielson 9 NY3d 342 p. 709
- People v. Bleakley 69 NY2d 490 at 495 p. 709
- People v. Romero 7 NY3d 633 p. 709