| People v Squires |
| 2009 NY Slip Op 09260 [68 AD3d 900] |
| December 8, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Freddy Squires, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (Elizabeth L. Guinup and Andrew R.Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Orange County (Bivona,J.), rendered January 29, 2008, convicting him of criminal contempt in the second degree, upon ajury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the People's contention, the defendant's challenge to the legal sufficiency of theevidence based on the People's failure to prove, beyond a reasonable doubt, that he was thedriver of the subject white car, is preserved for appellate review. The defendant was not requiredto renew his motion to dismiss at the close of his case, "since the defendant's case did not supplyany additional evidence of guilt" (People v Beriguete, 51 AD3d 939, 940 [2008]; see People v Soto, 8 AD3d 683[2004]). However, the defendant's contention that the evidence was legally insufficient toestablish that his conduct constituted a violation of the 2001 order of protection is not preservedfor appellate review (see CPL 470.05; People v Bynum, 70 NY2d 858, 859[1987]).
In any event, viewing the evidence in the light most favorable to the prosecution (seePeople v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient toestablish the defendant's guilt beyond a reasonable doubt. Moreover, in fulfilling ourresponsibility to conduct an independent review of the weight of the evidence (see CPL470.15 [5]; People v Danielson, 9NY3d 342 [2007]), we nevertheless accord great deference to the factfinder's opportunity toview the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2NY3d 383, 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guiltwas not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Dillon, J.P., Florio,Miller and Angiolillo, JJ., concur.