People v Kisina
2009 NY Slip Op 01670 [60 AD3d 695]
March 3, 2009
Appellate Division, Second Department
As corrected through Wednesday, May 6, 2009


The People of the State of New York,Respondent,
v
Tatyana Kisina, Appellant.

[*1]Stillman, Friedman & Shechtman, P.C., New York, N.Y. (Paul Shechtman andNathaniel Z. Marmur of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York, N.Y. (Roseann B. MacKechnie andHannah Stith Long of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County(Cooperman, J.), rendered October 25, 2007, convicting her of insurance fraud in the thirddegree (two counts) and falsifying business records in the first degree (two counts), upon a juryverdict, and imposing sentence.[*2]

Ordered that the judgment is affirmed.

We have considered the defendant's challenge to the legal sufficiency of the counts chargingher with falsifying business records in the first degree, and we find it to be without merit.

In fulfilling our responsibility to conduct an independent review of the weight of theevidence (see People v Danielson, 9NY3d 342 [2007]; CPL 470.15 [5]), we nevertheless accord great deference to the jury'sopportunity to view the witnesses, hear the testimony, and observe demeanor (see People vMateo, 2 NY3d 383 [2004], cert denied 542 US 946 [2004]). Upon review of therecord here, we are satisfied that the verdict of guilt was not against the weight of the evidence(see People v Romero, 7 NY3d633 [2006]).

The defendant's contention that evidence relating to counts of which she was acquitted had aprejudicial spillover effect with respect to counts of which she was convicted is without merit(see People v Doshi, 93 NY2d 499, 504-506 [1999]; People v Baghai-Kermani,84 NY2d 525, 532-533 [1994]; People vMoore, 29 AD3d 825, 826 [2006]).

The defendant's remaining contention is without merit. Mastro, J.P., Rivera, Fisher and Eng,JJ., concur.


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