Majority
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.) rendered July 24, 2014, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
“Upon [a] defendant’s request, the Appellate Division must conduct a weight of the evidence review” and, thus, “a defendant will be given one appellate review of adverse factual findings” (P eople v Danielson, 9 NY3d 342 , 348 [2007]). 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 Gordon, 132 AD3d 904 [2015]; People v Perez, 120 AD3d 514 , 515 [2014]; People v Washington, 108 AD3d 578 , 580 [2013]; People v Vasquez, 94 AD3d 915 , 916 [2012]).
Contrary to the defendant’s contention, he was not deprived of the effective assistance of counsel under the New York State
Dillon, J.P., Roman, Hinds-Radix and Duffy, JJ., concur.
Cases cited
- People v. Danielson 9 NY3d 342 at 348 p. 922
- People v. Bleakley 69 NY2d 490 at 495 p. 922
- People v. Gordon 132 AD3d 904 p. 922
- People v. Washington 108 AD3d 578 at 580 p. 922
- People v. Vasquez 94 AD3d 915 at 916 p. 922
- People v. Benevento 91 NY2d 708 p. 923
- People v. Williams 136 AD3d 686 p. 923
- People v. Myers 117 AD3d 755 at 756 p. 923
- Strickland v. Washington 466 US 668 p. 923