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People v. Lassic

90 A.D.3d 1072 Court N.Y. App. Div. Decision date 2011-12-27 English

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p. 1072
The People of the State of New York, Respondent, v Mickey Lassic, Appellant.
[934 NYS2d 844]

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 of two counts of robbery in the second degree (see Penal Law § 20.00; People v Carr-El, 287 AD2d 731 , 733 [2001], affd 99 NY2d 546 [2002]) and conspiracy in the fourth degree (see People v Ackies, 79 AD3d 1050 , 1056 [2010]) 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]). Skelos, J.P, Dickerson, Hall and Miller, JJ., concur.

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