| People v Bellman |
| 2013 NY Slip Op 08261 [112 AD3d 732] |
| December 11, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v James Bellman, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Judith R. Sternberg and MonicaM.C. Leiter of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Sullivan, J.), rendered August 3, 2011, convicting him of assault in the third degree andmenacing in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
In fulfilling our responsibility to conduct an independent review of the weight of theevidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 348 [2007]), wenevertheless accord great deference to the jury's opportunity to view the witnesses, hearthe testimony, and observe demeanor (see People v Mateo, 2 NY3d 383 [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 notagainst the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).
The defendant's contention that the trial court erred in denying, without a hearing, hismotion to set aside the verdict due to improper juror conduct (see CPL 330.30[2]) is without merit. The Supreme Court properly determined that even if the allegationswere true, the alleged misconduct did not affect a substantial right of the defendant(see People v Rodriguez, 100 NY2d 30, 35 [2003]; People v Irizarry, 83NY2d 557, 561 [1994]).
The defendant's contention that he was deprived of a fair trial by the prosecutor'scomment in summation on his pre-arrest silence is unpreserved for appellate review sincehe failed to raise that specific objection at trial (see CPL 470.05 [2]; People v Beauliere, 36 AD3d623 [2007]; People v Materon, 276 AD2d 718 [2000]).
The defendant's remaining contentions are without merit. Mastro, J.P., Lott, Austinand Hinds-Radix, JJ., concur.