| People v Aviles |
| 2011 NY Slip Op 06134 [87 AD3d 547] |
| August 2, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Wilfredo Aviles, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, andAdam M. Koelsch of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.),rendered December 11, 2008, convicting him of murder in the second degree (two counts), upona jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his challenge to the legal sufficiency ofthe identification evidence (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 493 [2008]). In any event,viewing the evidence in the light most favorable to the prosecution (see People v Contes,60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant's identity asthe shooter.
Moreover, in fulfilling our responsibility to conduct an independent review of the weight ofthe evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accordgreat deference to the jury'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,we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Gomez, 46 AD3d836 [2007]; People v Lobo, 6AD3d 550 [2004]; People v Dupont, 283 AD2d 587 [2001]; People v Pinder,269 AD2d 547 [2000]).
The defendant's contention that the sentencing court considered improper factors in imposingsentence is unpreserved for appellate review (see CPL 470.05 [2]; People v Garson, 69 AD3d 650,652 [2010]; People v Campbell, 54AD3d 959, 960 [2008]; People vSantos-Mispas, 38 AD3d 923 [2007]). In any event, the claim is without merit (seePeople v Garson, 69 AD3d at 652; People v Campbell, 54 AD3d at 960; People v Santos-Mispas, 38 AD3d923 [2007]). The sentence imposed was not excessive (see People v Suitte, 90 AD2d80 [1982]). Mastro, J.P., Chambers, Austin and Cohen, JJ., concur.