People v. Elliot
912 N.Y.S.2d 911
N.Y. App. Div.
2010
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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v RODNEY DUFF, Appellant.

Appellate Division of the Supreme Court of New York, Second Department

June 26, 2008

912 N.Y.S.2d 904

Supreme Court, Kings County (Morgenstern, J.)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Morgenstern, J.), rendered June 26, 2008, convicting him of attempted assault in the third degree, menacing in the third degree, and harassment in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant‘s contention that the evidence was legally insufficient to support his conviction of attempted assault in the third degree, menacing in the third degree, and harassment in the second degree is unpreserved for appellate review (see CPL 470.05 [2];

;
). In any event, viewing the evidence in the light most favorable to the prosecution (see
), we find that it was legally sufficient to establish the defendant‘s guilt beyond a reasonable doubt.

In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5];

), we nevertheless accord great deference to the fact-finder‘s opportunity to view the witnesses, hear the testimony, and observe demeanor (see
, cert denied 542 US 946 [2004];
). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see
). Dillon, J.P., Angiolillo, Belen and Roman, JJ., concur.