People v. Laino — 152 A.D.3d 621

Majority

p. 621

The People of the State of New York, Respondent, v Steven Laino, Appellant.

[55 NYS3d 664]

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (DiDomenico, J.), rendered June 28, 2016, convicting him of attempted assault in the third degree and harassment in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence supporting his convictions was legally insufficient is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 , 492 [2008]; People v Santos, 86 NY2d 869 , 870 [1995]). In any event, 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. 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

p. 622

342 [2007]), we nevertheless accord great deference to the fact-finder’s opportunity to view the witnesses, hear the testimony, and observe their demeanor (see People v Mateo, 2 NY3d 383 , 410 [2004]; People v Bleakley, 69 NY2d 490 , 495 [1987]). Upon reviewing the record, 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 defendant’s remaining contention is unpreserved for appellate review (see CPL 470.05 [2]) and, in any event, without merit.

Rivera, J.P., Sgroi, Miller and Brathwaite Nelson, JJ., concur.

Cases cited

People v. Hawkins 11 NY3d 484 N.Y. 2008-11-25 at 492 p. 621
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 at 621 p. 621
People v. Bleakley 69 NY2d 490 N.Y. 1987-05-07 at 495 p. 622
People v. Romero 7 NY3d 633 N.Y. 2006-11-21 p. 622