Opinion
2010-06674
07-15-2015
The PEOPLE, etc., respondent, v. Jose E. REYES, appellant.
Thomas R. Villecco, Jericho, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Lisa M. Denig, Jennifer Spencer, and Steven A. Bender of counsel), for respondent.
Thomas R. Villecco, Jericho, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Lisa M. Denig, Jennifer Spencer, and Steven A. Bender of counsel), for respondent.
Opinion Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered June 1, 2010, convicting him of criminal sexual act in the first degree and endangering the welfare of a child, upon a jury verdict, 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, 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 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 ; 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 ).
Contrary to the defendant's contention, the County Court providently exercised its discretion in precluding him from offering expert testimony in support of his contention that he could not have written an alleged handwritten confession because he was illiterate (see People v. Lemery, 107 A.D.3d 1593, 1594, 967 N.Y.S.2d 809 ; People v. White, 75 A.D.3d 109, 124, 901 N.Y.S.2d 346 ; see generally People v. Williams, 20 N.Y.3d 579, 583–584, 964 N.Y.S.2d 483, 987 N.E.2d 260 ; People v. Lee, 96 N.Y.2d 157, 162, 726 N.Y.S.2d 361, 750 N.E.2d 63 ). Evaluation of the defendant's claim that he was illiterate was not beyond the ken of the typical juror (see People v. Lemery, 107 A.D.3d at 1594, 967 N.Y.S.2d 809 ; People v. White, 75 A.D.3d at 124, 901 N.Y.S.2d 346 ).
BALKIN, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.