Majority
p. 1009The People of the State of New York, Respondent, v George Miller, Jr., Appellant. [869 NYS2d 793]
p. 1010
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 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], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490 , 495 [1987]). Upon our independent review pursuant to CPL 470.15 (5), 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 excessive to the extent indicated herein. Fisher, J.P, Florio, Garni and Chambers, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 at 621 p. 1010
- People v. Danielson 9 NY3d 342 p. 1010
- Middleton v. McNeil 542 US 946 p. 1010
- People v. Bleakley 69 NY2d 490 at 495 p. 1010
- People v. Romero 7 NY3d 633 p. 1010