Opinion
2013-01-16
The PEOPLE, etc., respondent, v. Jorge MERCADO, appellant.
Lynn W.L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Maryam Jazini Dorchech of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Maryam Jazini Dorchech of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Zayas, J.), rendered April 15, 2011, convicting him of burglary in the second degree, grand larceny in the third degree, criminal possession of stolen property in the third degree, possession of burglar's tools, unauthorized use of a vehicle in the third degree, unlawful fleeing a police officer in a motor vehicle in the third degree, and reckless driving, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the verdict was against the weight of the evidence. 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 nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v. Mateo, 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053,cert. denied 542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828;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 are satisfied that the verdict of guilt 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 fact that the defendant was acquitted of criminal mischief in the fourth degree and two counts of grand larceny in the fourth degree did not undermine the weight of the evidence supporting the jury's conviction on the remaining counts ( see People v. Rayam, 94 N.Y.2d 557, 563, 708 N.Y.S.2d 37, 729 N.E.2d 694;People v. Adams, 93 A.D.3d 734, 735, 940 N.Y.S.2d 158;People v. Allen, 89 A.D.3d 741, 742, 931 N.Y.S.2d 915;People v. Woods, 82 A.D.3d 1277, 919 N.Y.S.2d 368).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).