| People v Arias |
| 2009 NY Slip Op 06030 [64 AD3d 786] |
| July 28, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Pierre Arias, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JohnnetteTraill, and Karen Wigle Weiss of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.),rendered October 4, 2006, convicting him of murder in the second degree and attempted murderin the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The court's jury charge concerning the defendant acting in concert with others was proper(see People v Rivera, 84 NY2d 766, 769 [1995]; People v Guidice, 83 NY2d630, 636-637 [1994]; People v Monahan, 114 AD2d 380, 380-381 [1985]) and did notviolate the defendant's due process rights (see People v Davis, 273 AD2d 476, 476-477[2000]).
The defendant's argument that the evidence was legally insufficient to support hisconvictions in that it did not sufficiently prove his requisite intent to commit the crimes isunpreserved for appellate review (seePeople v Hawkins, 11 NY3d 484, 492 [2008]). In any event, viewing the evidence inthe light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621[1983]), we find that it was legally sufficient to establish the defendant's guilt beyond areasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review ofthe weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 349 [2007]), we neverthelessaccord great deference to the jury's opportunity to view the witnesses, hear the testimony, andobserve demeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewingthe record here, we are satisfied that the verdict of guilt was not against the weight of theevidence (see People v Romero, 7NY3d 633 [2006]). Dillon, J.P., Miller, Leventhal and Chambers, JJ., concur.