People v. LaPierre — 86 A.D.3d 619

Majority

p. 619

The People of the State of New York, Respondent, v Eugene G. LaPierre, Appellant.

[926 NYS2d 915]

Contrary to the defendant’s contention, the police had probable cause to arrest him (see People v Stays, 265 AD2d 585 [1999]; People v Palacio, 121 AD2d 282 , 283 [1986]; see also People v Mitchell, 166 AD2d 676 [1990]).

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of robbery in the third degree 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 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 defendant’s contention that he was deprived of a fair trial as a result of the prosecutor’s summation is unpreserved for appellate review (see CPL 470.05 [2]; People v Malave, 7 AD3d 542 [2004]; People v Bruen, 136 AD2d 648 , 649 [1988]). In any event, the defendant’s contention is without merit (see People v Paul, 82 AD3d 1267 , 1267-1268 [2011], Iv denied 16 NY3d 898 [2011]; People v Adamo, 309 AD2d 808 , 810 [2003]; People v Phillips, 285 AD2d 477 , 478 [2001]; People v Hill, 176 AD2d 755 , 756 [1991]). Dillon, J.P., Leventhal, Hall and Lott, JJ., concur.

Cases cited

People v. Stays 265 AD2d 585 N.Y. App. Div. 1999-10-25 p. 619
People v. Palacio 121 AD2d 282 N.Y. App. Div. 1986-06-19 at 283 p. 619
People v. Mitchell 166 AD2d 676 N.Y. App. Div. 1990-10-22 p. 619
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 619
People v. Danielson 9 NY3d 342 N.Y. 2007-12-13 p. 619
Middleton v. McNeil 542 US 946 SCOTUS 2004-06-28 p. 619
People v. Bleakley 69 NY2d 490 N.Y. 1987-05-07 at 495 p. 619
People v. Romero 7 NY3d 633 N.Y. 2006-11-21 p. 619
People v. Bruen 136 AD2d 648 N.Y. App. Div. 1988-01-19 at 649 p. 619
People v. Adamo 309 AD2d 808 N.Y. App. Div. 2003-10-14 at 810 p. 619
People v. Phillips 285 AD2d 477 N.Y. App. Div. 2001-07-02 at 478 p. 619
People v. Hill 176 AD2d 755 N.Y. App. Div. 1991-10-24 at 756 p. 619