People v. Stoney — 72 A.D.3d 708

Majority

p. 708

The People of the State of New York, Respondent, v Bernard Stoney, Appellant.

[897 NYS2d 642]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered May 11, 2006, convicting him of criminally negligent homicide, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, 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 disprove the defendant’s justification defense beyond a reasonable doubt (see Penal Law § 35.15; People v Spells, 66 AD3d 924 [2009]; People v Acquista, 41 AD3d 491 , 492 [2007]; People v Williams, 304 AD2d 595 [2003]).

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], cert denied 542 US 946 [2004]; People v

p. 709

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 Romero, 7 NY3d 633 [2006]). Fisher, J.P., Covello, Lott and Sgroi, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 at 621 p. 708
People v. Acquista 41 AD3d 491 N.Y. App. Div. 2007-06-05 at 492 p. 708
People v. Williams 304 AD2d 595 N.Y. App. Div. 2003-04-07 p. 708
People v. Danielson 9 NY3d 342 N.Y. 2007-12-13 p. 708
Middleton v. McNeil 542 US 946 SCOTUS 2004-06-28 p. 708
People v. Bleakley 69 NY2d 490 N.Y. 1987-05-07 at 495 p. 709
People v. Romero 7 NY3d 633 N.Y. 2006-11-21 p. 709