Opinion
2014-07-23
The PEOPLE, etc., respondent, v. Andrew BELLE, appellant.
Joseph M. Latino, Croton–on–Hudson, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu and Richard Longworth Hecht of counsel), for respondent.
Joseph M. Latino, Croton–on–Hudson, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu and Richard Longworth Hecht of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered July 10, 2012, convicting him of sexual abuse in the first degree, assault in the second degree (three counts), and criminal obstruction of breathing or blood circulation, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
In fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15[5]; People v. Danielson, 9 N.Y.3d 342, 348, 849 N.Y.S.2d 480, 880 N.E.2d 1), we accord great deference to the factfinder's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v. Mateo, 2 N.Y.3d 383, 779 N.Y.S.2d 399, 811 N.E.2d 1053;People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Upon reviewing the record here, we find that, contrary to the defendant's contention, the verdict of guilt as to sexual abuse in the first degree was not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902).
The County Court correctly imposed consecutive sentences upon the convictions of sexual abuse in the first degree and assault in the second degree under count three of the indictment. The assault and sexual abuse each constituted separate and distinct acts, and neither was a material element of the other ( see People v. Burton, 83 A.D.3d 1562, 1563, 921 N.Y.S.2d 430;People v. Green, 298 A.D.2d 209, 210, 748 N.Y.S.2d 146;People v. Williams, 262 A.D.2d 19, 19–20, 690 N.Y.S.2d 594;Penal Law § 70.25). MASTRO, J.P., DICKERSON, COHEN and MILLER, JJ., concur.