People v Johnson
2011 NY Slip Op 08955 [90 AD3d 676]
December 6, 2011
Appellate Division, Second Department
As corrected through Wednesday, February 1, 2012


The People of the State of New York,Respondent,
v
Anthony Johnson, Appellant.

[*1]Lynn W.L. Fahey, New York, N.Y. (Kendra L. Hutchinson of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley ofcounsel; Samuel K. Mersky on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mullen, J.),rendered June 11, 2009, convicting him of robbery in the first degree (two counts), upon a juryverdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the evidence, when viewed in the light most favorableto the prosecution (see People v Contes, 60 NY2d 620 [1983]), was legally sufficient toestablish, beyond a reasonable doubt, his identity as one of two robbers. Moreover, in fulfillingour responsibility to conduct an independent review of the weight of the evidence (seeCPL 470.15 [5]; People vDanielson, 9 NY3d 342, 348-349 [2007]; People v Romero, 7 NY3d 633, 644-645 [2006]), we neverthelessaccord great deference to the jury's opportunity to view the witnesses, hear the testimony, andobserve demeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]; People v Jean-Marie, 67 AD3d704, 704 [2009]). Upon reviewing the record, we are satisfied that the jury's verdict of guiltwas not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Mastro, A.P.J., Florio,Lott and Cohen, JJ., concur.


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