Appellate Division of the Supreme Court of New York, 2009

People v. Rodriguez

People v. Rodriguez
Appellate Division of the Supreme Court of New York · Decided March 3, 2009
60 A.D.3d 705; 873 N.Y.S.2d 505
People v. Rodriguez

Opinion of the Court

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered August 9, 2007, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence.

*706Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt 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]). Rivera, J.P., Fisher, Leventhal and Chambers, JJ., concur.

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