People v. Johnson

Jul 7, 2009

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that certain comments made by the prosecutor during summation were improper (see CPL 470.05 [2]; People v Romero, 7 NY3d 911, 912 [2006]; People v Rodari, 2 AD3d 756, 756-757 [2003]; People v Scott, 267 AD2d 259, 260 [1999]). Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), 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]; People v Danielson, 9 NY3d 342, 348 [2007]), we nevertheless accord great deference to the jury‘s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [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 not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

The sentence imposed was not excessive (see CPL 470.15 [2] [c]; [6] [b]; 470.20 [6]; People v Thompson, 60 NY2d 513, 519 [1983]; People v Suitte, 90 AD2d 80 [1982]). Rivera, J.P., Dillon, Balkin and Austin, JJ., concur.