People v. Daza — 125 A.D.3d 881

Majority

p. 881

The People of the State of New York, Respondent, v Damien Daza, Appellant.

[1 NYS3d 824]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chun, J.), rendered August 13, 2012, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his intent to cause serious physical injury is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 , 492 [2008]; People v Gray, 86 NY2d 10 , 19 [1995]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60

p. 882

NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt 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 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]).

Viewing the record as a whole, we conclude that the defendant was not deprived of the effective assistance of counsel (see People v Benevento, 91 NY2d 708 , 712 [1998]; People v Baldi, 54 NY2d 137 , 147 [1981]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 , 83 [1982]). Balkin, J.P., Chambers, Hinds-Radix and Maltese, JJ., concur.

Cases cited

People v. Hawkins 11 NY3d 484 N.Y. 2008-11-25 at 492 p. 881
People v. Gray 86 NY2d 10 N.Y. 1995-05-11 at 19 p. 881
People v. Danielson 9 NY3d 342 N.Y. 2007-12-13 p. 882
People v. Bleakley 69 NY2d 490 N.Y. 1987-05-07 at 495 p. 882
People v. Romero 7 NY3d 633 N.Y. 2006-11-21 p. 882
People v. Benevento 91 NY2d 708 N.Y. 1998-06-11 at 712 p. 882
People v. Baldi 54 NY2d 137 N.Y. 1981-10-29 at 147 p. 882
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 at 83 p. 882