| People v Sloane |
| 2009 NY Slip Op 01512 [59 AD3d 745] |
| February 24, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Derek Sloane, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio, RichardLongworth Hecht, and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Cacace,J.), rendered February 14, 2007, convicting him of criminal possession of stolen property in thethird degree and unauthorized use of a motor vehicle in the second degree, after a nonjury trial,and imposing sentence.
Ordered that the judgment is affirmed.
In fulfilling our responsibility to conduct an independent review of the weight of theevidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accordgreat deference to the opportunity of the trier of fact to view the witnesses, hear the testimony,and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [2004], certdenied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Uponreviewing the record here, we are satisfied that the verdict of guilt was not against the weight ofthe evidence (see People v Romero,7 NY3d 633 [2006]).
The defendant's claim of ineffective assistance of counsel is based on matter dehors therecord and, therefore, cannot be reviewed on direct appeal (see People v LeGrady, 50 AD3d 1059 [2008]; People v Shemack, 46 AD3d 582[2007]).
The sentence imposed was not excessive (see People v Hobson, 43 AD3d 1179 [2007]; People vSuitte, 90 AD2d 80 [1982]). Prudenti, P.J., Dillon, Covello and Leventhal, JJ., concur.