Majority
Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered June 1, 2010, convicting him of criminal sexual act in the first degree and endangering the welfare of a child, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
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 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]).
Contrary to the defendant’s contention, the County Court providently exercised its discretion in precluding him from offering expert testimony in support of his contention that he
Cases cited
- People v. Danielson 9 NY3d 342 p. 847
- People v. Bleakley 69 NY2d 490 at 495 p. 847
- People v. Romero 7 NY3d 633 p. 847
- People v. Lemery 107 AD3d 1593 at 1594 p. 848
- People v. White 75 AD3d 109 at 124 p. 848
- People v. Williams 20 NY3d 579 at 583-584 p. 848
- People v. Lee 96 NY2d 157 at 162 p. 848