← Cases

People v. Castro

90 A.D.3d 946 Court N.Y. App. Div. Decision date 2011-12-20 English

Contents

Majority

p. 946
The People of the State of New York, Respondent, v Daniel Castro, Appellant.
[934 NYS2d 723]

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]; People v Aviles, 87 AD3d 547 , 548 [2011]; People v McNeil, 86 AD3d 650 , 651 [2011]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant’s remaining contention is without merit. Skelos, J.E, Belen, Lott and Cohen, JJ., concur.

Cases cited