| People v Seals |
| 2010 NY Slip Op 07976 [78 AD3d 742] |
| November 3, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v Joe Seals,Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, andDechert LLP [Patrick G. Broderick], of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.),rendered November 13, 2008, convicting him of manslaughter in the second degree and criminalpossession of a weapon in the second degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes,60 NY2d 620, 621 [1983]), we find that it was legally sufficient to disprove the defendant's justificationdefense beyond a reasonable doubt (see Penal Law § 35.15; People v Acquista, 41 AD3d 491, 492[2007]; People v Glod, 234 AD2d 384 [1996]; People v Berk, 217 AD2d 941,942-943 [1995], affd 88 NY2d 257 [1996], cert denied 519 US 859 [1996]).
Moreover, 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 accord greatdeference to the factfinder's opportunity to view the witnesses, hear the testimony, and observedemeanor (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, weare satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633[2006]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Mastro, J.P., Leventhal, Hall and Lott, JJ., concur.