Majority
p. 726The People of the State of New York, Respondent, v Segundo Loja-Llivicota, Appellant. [47 NYS3d 718]
Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered February 26, 2013, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s challenge to the legal sufficiency of the evidence supporting his conviction is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 [2008]). In any event, viewing the evidence in the light most
p. 727
favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that the evidence 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 opportunity of the finder of fact to view the witnesses, hear testimony, and observe demeanor (see People v Mateo, 2 NY3d 383 [2004]; People v Bleakley, 69 NY2d 490 [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]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
Eng, P.J., Leventhal, Cohen and Duffy, JJ., concur.
Cases cited
- People v. Hawkins 11 NY3d 484 p. 726
- People v. Contes 60 NY2d 620 p. 727
- People v. Danielson 9 NY3d 342 p. 727
- People v. Bleakley 69 NY2d 490 p. 727
- People v. Romero 7 NY3d 633 p. 727
- People v. Suitte 90 AD2d 80 p. 727