| People v Collen |
| 2013 NY Slip Op 07621 [111 AD3d 1416] |
| November 15, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v PaulA. Collen, Also Known as Allen Collen, Appellant. |
—[*1] R. Michael Tantillo, District Attorney, Canandaigua (Heather Parker Hines ofcounsel), for respondent.
Appeal from a judgment of the Ontario County Court (William F. Kocher, J.),rendered October 26, 2011. The judgment convicted defendant, upon a jury verdict, ofassault in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a juryverdict, of assault in the second degree (Penal Law § 120.05 [12]). Although weagree with defendant that it was improper for the prosecutor to elicit testimony regardingwhether defendant agreed to give the police a written statement concerning the incident(see People v De George, 73 NY2d 614, 619 [1989]), we conclude that CountyCourt gave prompt curative instructions sufficient to cure any prejudice to defendant (see generally People v Foster,101 AD3d 1668, 1670 [2012], lv denied 20 NY3d 1098 [2013]).
Contrary to the further contention of defendant, viewing the evidence in light of theelements of the crime as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), weconclude that the verdict is not against the weight of the evidence (see generallyPeople v Bleakley, 69 NY2d 490, 495 [1987]). The victim and other witnessestestified that defendant punched the victim without provocation, and defendant is theonly person to have testified to the contrary. In resolving issues of witness credibility, wegive great deference to the jury's opportunity to view the witnesses, hear the testimonyand observe demeanor, and it cannot be said that the jury here failed to give the evidencethe weight it should be accorded (see People v Mohamed, 94 AD3d 1462, 1464 [2012],lv denied 19 NY3d 999 [2012], reconsideration denied 20 NY3d 934[2012]).
Finally, we reject defendant's challenge to the severity of the sentence.Present—Smith, J.P., Centra, Fahey, Carni and Whalen, JJ.