Majority
p. 1308The People of the State of New York, Respondent, v Daniel Samaroo, Appellant. [27 NYS3d 391]
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered November 14, 2013, convicting him of robbery in the second degree (two counts), after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
p. 1309
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 beyond a reasonable doubt (see Penal Law § 160.10 [1], [2] [a]; People v Chiddick, 8 NY3d 445 , 447 [2007]; People v Walters, 69 AD3d 768 , 768-769 [2010]). 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 the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383 , 410 [2004]). 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 , 644 [2006]).
In addition, the trial court properly denied the defendant’s request for a missing witness charge, as there was no evidence that the uncalled witnesses would provide noncumulative testimony (see People v Edwards, 14 NY3d 733 , 735 [2010]; People v Stewart, 96 AD3d 880 , 881 [2012]).
Mastro, J.P., Chambers, Roman and Barros, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 at 621 p. 1309
- People v. Chiddick 8 NY3d 445 at 447 p. 1309
- People v. Danielson 9 NY3d 342 p. 1309
- People v. Romero 7 NY3d 633 at 644 p. 1309
- People v. Edwards 14 NY3d 733 at 735 p. 1309