People v. Viera, 109 A.D.3d 844

Ordered that the judgment is affirmed.

The defendant‘s contention that the evidence of identification was legally insufficient to support his convictions is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 491-492 [2008]). In any event, 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 identity beyond a reasonable doubt (see Jackson v Virginia, 443 US 307 [1979]; People v Amico, 78 AD3d 1190 [2010]). Moreover, 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 [2007]), we nevertheless accord great deference to the factfinder‘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]).

Eng, P.J., Rivera, Hall and Lott, JJ., concur.

Case Details

Case Name: People v. Viera

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Sep 11, 2013

Citations: 109 A.D.3d 844; 971 N.Y.S.2d 23

Court Abbreviation: N.Y. App. Div.