People v. Gurgov

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Griffin, J.), rendered July 25, 2013, convicting him of assault in the second degree, upon a jury verdict, 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 , 621 [1983]), we find it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Contrary to the defendant’s contention, any discrepancies in the complainant’s testimony did not render such testimony incredible as a matter of law (see People

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]). Regardless of whether the defendant was initially aware that two of his co-defendants were armed with baseball bats, his continued participation in the assault was sufficient to support the conclusion that he intentionally aided in the assault with a dangerous instrument (see Penal Law § 120.05 [2]; see also Matter of Juan J., 81 NY2d 739 , 741 [1992]; People v Allah, 71 NY2d 830 , 832 [1988]). The inconsistencies in the complainant’s testimony cited by the defendant were not of such magnitude as to render the testimony incredible or unreliable (see People v Fernandez, 115 AD3d 977 [2014]; People v Gelmi, 113 AD3d 790 [2014]; People v Scipio, 61 AD3d 899 [2009]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Rivera, J.P., Cohen, Hinds-Radix and Barros, JJ., concur.