| People v Stoney |
| 2010 NY Slip Op 02974 [72 AD3d 708] |
| April 6, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Bernard Stoney, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.Dennehy of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg,J.), rendered May 11, 2006, convicting him of criminally negligent homicide, after a nonjurytrial, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, viewing the evidence in the light most favorable tothe prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it waslegally sufficient to disprove the defendant's justification defense beyond a reasonable doubt(see Penal Law § 35.15; People v Spells, 66 AD3d 924 [2009]; People v Acquista, 41 AD3d 491,492 [2007]; People v Williams, 304 AD2d 595 [2003]).
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 factfinder'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]). Fisher, J.P., Covello, Lott and Sgroi, JJ., concur.