| People v Rodriguez |
| 2015 NY Slip Op 03191 [127 AD3d 997] |
| April 15, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Sandro Rodriguez, Appellant. |
Martin Goldberg, Franklin Square, N.Y., for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and LoriGlachman of counsel), for respondent.
Appeal by the defendant from a judgment of Supreme Court, Kings County (Dwyer,J.), rendered May 16, 2011, convicting him of attempted murder in the second degree,assault in the first degree, assault in the second degree, and criminal possession of aweapon in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that theconvictions of attempted murder in the second degree (Penal Law �§ 125.25 [1]; 110.00), assault in the first degree (Penal Law§ 120.10 [1]), assault in the second degree (Penal Law§ 120.05 [2]), and criminal possession of a weapon in the second degree(Penal Law § 265.03 [1] [b]) were not supported by legally sufficientevidence (see People vHawkins, 11 NY3d 484 [2008]; CPL 470.05 [2]). In any event, viewing theevidence in the light most favorable to the prosecution (see People v Contes, 60NY2d 620 [1983]), we find that it was legally sufficient to prove the defendant's guilt ofthose crimes beyond a reasonable doubt. Moreover, in fulfilling our responsibility toconduct an independent review of the weight of the evidence (see CPL 470.15[5]; People v Danielson, 9NY3d 342, 348 [2007]), we accord great deference to the jury's opportunity to viewthe witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2NY3d 383 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Uponreviewing the record here, we find that the verdict of guilt of those crimes was notagainst the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Skelos, J.P.,Leventhal, Cohen and Duffy, JJ., concur.