| People v Allen |
| 2011 NY Slip Op 07852 [89 AD3d 741] |
| November 1, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Karsem Allen, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JohnnetteTraill, and Francis Longobardi of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter,J.), rendered October 18, 2010, convicting him of intimidating a victim or witness in the thirddegree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the verdict was against the weight of the evidence. In fulfillingour responsibility to conduct an independent review of the weight of the evidence (seeCPL 470.15 [5]; People vDanielson, 9 NY3d 342 [2007]), we nevertheless accord great deference to the jury'sopportunity to view the witnesses, hear the testimony, and observe demeanor (see People vMateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]; People vBleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied thatthe verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633[2006]). Any inconsistencies in the complaining witness's testimony were minor and did notrender his testimony incredible or unreliable (see People v Clerge, 69 AD3d 955 [2010]; People v Scipio, 61 AD3d 899[2009]). The fact that the defendant was acquitted on the count of tampering with a witness in thethird degree (see Penal Law § 215.11 [1]) did not undermine the weight of theevidence supporting the jury's conviction on the count of intimidating a victim or witness in thethird degree (see Penal Law § 215.15 [1]; People v Rayam, 94 NY2d 557,563 [2000]; People v Woods, 82AD3d 1277 [2011]; People vWilliams, 13 AD3d 131 [2004]; People v Freeman, 298 AD2d 311 [2002]).Accordingly, the jury's verdict convicting the defendant of intimidating a victim or witness in thethird degree was not against the weight of the evidence. Dillon, J.P., Dickerson, Chambers andMiller, JJ., concur.