| People v Scott |
| 2009 NY Slip Op 06350 [65 AD3d 707] |
| August 25, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Napoleon Scott, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C.Abbot, Camisha Simmons, and Daniel Bresnahan of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella,J.), rendered April 19, 2007, convicting him of two counts of robbery in the first degree, upon ajury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that the evidence waslegally insufficient to establish his guilt (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 toestablish the defendant's guilt beyond a reasonable doubt. Contrary to the defendant's contention,the complainant's identification testimony was not incredible as a matter of law.
Moreover, in fulfilling our responsibility to conduct an independent review of the weight ofthe evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accordgreat deference to the jury's opportunity to view the witnesses, hear the testimony, and observedemeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). The complainant testifiedthat he was well-acquainted with the defendant prior to the robbery, had an opportunity to viewthe defendant both as he approached the car and during the robbery, and recognized thedefendant's distinctive voice. Further, any discrepancies between the complainant's testimonyand his description of the perpetrator to police or account of events to police were not of suchmagnitude to render his testimony incredible or unreliable (see People v Scipio, 61 AD3d 899 [2009]; People v Fields, 28 AD3d 789,790 [2006]). Upon reviewing the record here, we are satisfied that the verdict of guilt was notagainst the weight of the evidence (seePeople v Romero, 7 NY3d 633 [2006]).
The remaining contentions raised in the defendant's supplemental pro se brief are withoutmerit. Rivera, J.P., Skelos, Balkin and Leventhal, JJ., concur.