People v. Aviles
Opinion of the Court
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 Gomez, 46 AD3d 836 [2007]; People v Lobo, 6 AD3d 550 [2004]; People v Dupont, 283 AD2d 587 [2001]; People v Pinder, 269 AD2d 547 [2000]).
The defendant’s contention that the sentencing court considered improper factors in imposing sentence is unpreserved for appellate review (see CPL 470.05 [2]; People v Garson, 69 AD3d 650, 652 [2010]; People v Campbell, 54 AD3d 959, 960 [2008]; People v Santos-Mispas, 38 AD3d 923 [2007]). In any event, the claim is without merit (see People v Garson, 69 AD3d at 652; People v Campbell, 54 AD3d at 960; People v Santos-Mispas, 38 AD3d 923 [2007]). The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P, Chambers, Austin and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.