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People v. Small

91 A.D.3d 676 Court N.Y. App. Div. Decision date 2012-01-10 English

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p. 676
The People of the State of New York, Respondent, v Arthur A. Small III, Appellant.
[935 NYS2d 892]

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 [2007]), we nevertheless accord great deference to the factfinder’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 , 643-644 [2006]). Florio, J.E, Belen, Roman and Sgroi, JJ., concur.

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