| People v Roman |
| 2011 NY Slip Op 03881 [84 AD3d 840] |
| May 3, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Ramon Roman, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.),rendered February 4, 2009, convicting him of murder in the second degree, after a nonjury trial,and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt ofmurder in the second degree beyond a reasonable doubt is unpreserved for appellate review and,in any event, is without merit. Moreover, in fulfilling our responsibility to conduct anindependent 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 factfinder's opportunity to view thewitnesses, 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 notagainst the weight of the evidence (seePeople v Romero, 7 NY3d 633 [2006]). The evidence presented at trial supported afinding that the defendant was not acting "under the influence of extreme emotional disturbancefor which there was a reasonable explanation or excuse" when he stabbed and killed the victim(Penal Law § 125.25 [1] [a]; seePeople v Reynart, 71 AD3d 1057, 1058 [2010]; People v Pallonetti, 62 AD3d 1027, 1028 [2009]).
The defendant's contention that the Supreme Court erred in limiting certain testimony of thedefense expert is unpreserved for appellate review and, in any event, without merit (see People v Macuil, 67 AD3d1025 [2009]; People v Martin,33 AD3d 1024 [2006]). Dillon, J.P., Covello, Eng and Chambers, JJ., concur.