Majority
p. 676The People of the State of New York, Respondent, v Anthony Johnson, Appellant. [933 NYS2d 888]
Contrary to the defendant’s contention, the evidence, when viewed in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), was legally sufficient to establish, beyond a reasonable doubt, his identity as one of two robbers. 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 , 348-349 [2007]; People v Romero, 7 NY3d 633 , 644-645 [2006]), we nevertheless accord
p. 677
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]; People v Jean-Marie, 67 AD3d 704 , 704 [2009]). Upon reviewing the record, we are satisfied that the jury’s verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Mastro, A.EJ., Florio, Lott and Cohen, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 p. 676
- People v. Danielson 9 NY3d 342 at 348-349 p. 676
- People v. Romero 7 NY3d 633 at 644-645 p. 676, p. 677
- Middleton v. McNeil 542 US 946 p. 677
- People v. Bleakley 69 NY2d 490 at 495 p. 677
- People v. Jean-Marie 67 AD3d 704 at 704 p. 677