| People v Woods |
| 2014 NY Slip Op 09160 [123 AD3d 1154] |
| December 31, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Thomas Woods, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Casey Rose Denson and Denise Corsi ofcounsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano andStephanie D. Schwartz of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Griffin, J.), rendered January 24, 2013, convicting him of attempted robbery in the thirddegree and criminal possession of a weapon in the fourth degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence of identification was legally insufficientto support the conviction is unpreserved for appellate review (see CPL 470.05[2]; People v Hawkins, 11NY3d 484, 492 [2008]; People v Sheehan, 105 AD3d 873 [2013]; People v Judge, 101 AD3d902 [2012]; People vJoseph, 74 AD3d 840 [2010]). In any event, viewing the evidence in the lightmost favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]),we find that it was legally sufficient to establish, beyond a reasonable doubt, thedefendant's identity as the man who attempted to rob the complainants' liquor store.Moreover, in fulfilling our responsibility to conduct an independent review of the weightof the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 348-349 [2007]; People v Romero, 7 NY3d633, 644-645 [2006]), we nevertheless accord great deference to the jury'sopportunity to view the witnesses, hear the testimony, and observe demeanor (seePeople v Mateo, 2 NY3d 383, 410 [2004]; People v Bleakley, 69 NY2d 490,495 [1987]; People vJean-Marie, 67 AD3d 704, 704 [2009]). Here, upon reviewing the record, weare satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d633 [2006]). Skelos, J.P., Dickerson, Austin and Maltese, JJ., concur.