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People v. Ali

124 A.D.3d 789 Court N.Y. App. Div. Decision date 2015-01-21 English

Judges Balkin, J.P., Dickerson, Sgroi and Cohen, JJ., concur.

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p. 789
The People of the State of New York, Respondent, v Ismail Ali, Appellant.
[998 NYS2d 643] —

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered March 19, 2012, convicting him of assault in the second degree and criminal possession of a weapon in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish beyond a reasonable doubt the defendant’s guilt of assault in the second degree and criminal

p. 790
possession of a weapon in the third degree. 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 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 record shows that defense counsel provided meaningful representation to the defendant and, thus, the defendant was not deprived of the effective assistance of counsel (see People v Benevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]).

The sentence imposed was not excessive and does not warrant reduction in the interest of justice (see People v Suitte, 90 AD2d 80 [1982]).

Balkin, J.P., Dickerson, Sgroi and Cohen, JJ., concur.

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