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People v. Johnson

90 A.D.3d 676 Court N.Y. App. Div. Decision date 2011-12-06 English

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p. 676
The 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.

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