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People v. Cruz

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 2008
55 A.D.3d 848 (N.Y. App. Div. 2008)

Opinion

No. 2004-10723.

October 21, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered November 23, 2004, convicting him of assault in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Jennifer S. Michael of counsel), for respondent.

Before: Santucci, J.P., Dillon, Dickerson and Chambers, JJ.


Ordered that the judgment is affirmed.

The defendant's contention that his conviction was against the weight of the evidence is without merit. Multiple witnesses, including one of the victims, identified the defendant as an assailant. In fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15; People v Danielson, 9 NY3d 342), 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, cert denied 542 US 946; People v Bleakley, 69 NY2d 490, 495). 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).

The defendant's remaining contention is without merit.


Summaries of

People v. Cruz

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 2008
55 A.D.3d 848 (N.Y. App. Div. 2008)
Case details for

People v. Cruz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS CRUZ, Appellant

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

Date published: Oct 21, 2008

Citations

55 A.D.3d 848 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 8142
865 N.Y.S.2d 565

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