| People v Crews |
| 2010 NY Slip Op 05020 [74 AD3d 983] |
| June 8, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v TracyCrews, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs,J.), rendered April 22, 2008, convicting him of murder in the second degree, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People vContes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish thedefendant's guilt beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conductan independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342[2007]), we nevertheless accord great deference to the jury's opportunity to view the witnesses,hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410[2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495[1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt was not againstthe weight of the evidence (see People vRomero, 7 NY3d 633 [2006]).
Contrary to the defendant's contention, in the context of this case, the County Courtprovidently exercised its discretion in precluding expert testimony on false confessions (see People v Ragsdale, 68 AD3d897 [2009]; cf. People v Lee, 96 NY2d 157, 162 [2001]; People v Herrnkind, 49 AD3d 555[2008]; People v Green, 250 AD2d 143, 146-147 [1998]; People v Lea, 144AD2d 863, 864-865 [1988]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant's remaining contentions either are without merit or do not warrant reversal.Fisher, J.P., Covello, Hall and Sgroi, JJ., concur.