| People v Samaroo |
| 2016 NY Slip Op 02385 [137 AD3d 1308] |
| March 30, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Daniel Samaroo, Appellant. |
Lynn W. L. Fahey, New York, NY (Samuel Brown of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano,Johnnette Traill, Jeannette Lifschitz, and Denise A. Biderman of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Blumenfeld, J.), rendered November 14, 2013, convicting him of robbery in the seconddegree (two counts), after a nonjury trial, 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 establishthe defendant's guilt beyond a reasonable doubt (see Penal Law§ 160.10 [1], [2] [a]; People v Chiddick, 8 NY3d 445, 447 [2007]; People v Walters, 69 AD3d768, 768-769 [2010]). Moreover, in fulfilling our responsibility to conduct anindependent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d342 [2007]), we nevertheless accord great deference to the factfinder's opportunityto view the witnesses, hear the testimony, and observe demeanor (see People vMateo, 2 NY3d 383, 410 [2004]). Upon reviewing the record here, we are satisfiedthat the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d633, 644 [2006]).
In addition, the trial court properly denied the defendant's request for a missingwitness charge, as there was no evidence that the uncalled witnesses would providenoncumulative testimony (seePeople v Edwards, 14 NY3d 733, 735 [2010]; People v Stewart, 96 AD3d880, 881 [2012]). Mastro, J.P., Chambers, Roman and Barros, JJ., concur.