| People v Lewis |
| 2013 NY Slip Op 02093 [104 AD3d 958] |
| March 27, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Diego Lewis, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Jeanette Lifschitz, Tina Grillo, and Donna Aldea of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Knopf, J.), rendered June 29, 2010, convicting him of assault in the first degree (twocounts) and resisting arrest, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People vContes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to prove,beyond a reasonable doubt, that the defendant committed assault in the first degree(see Penal Law § 120.10 [1], [2]; People v Legette, 96 AD3d 1078 [2012]; People v Alston, 45 AD3d398 [2007]; People v Wade, 187 AD2d 687 [1992]). Moreover, in fulfillingour responsibility to conduct an independent review of the weight of the evidence(see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we neverthelessaccord great deference to the jury's opportunity to view the witnesses, hear the testimony,and observe demeanor (see People v Mateo, 2 NY3d 383 [2004], cert denied542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Uponreviewing the record here, we are satisfied that the verdict of guilt as to both counts ofassault in the first degree and for resisting arrest was not against the weight of theevidence (see People vRomero, 7 NY3d 633 [2006]; People v Legette, 96 AD3d at 1079).Mastro, J.P., Austin, Roman and Cohen, JJ., concur.