Opinion
2015-03356 Ind. No. 5302/13
10-09-2019
The PEOPLE, etc., Respondent, v. Nathan ROSA, Appellant.
Stoll, Glickman & Bellina, LLP, Brooklyn, N.Y. (Andrew B. Stoll of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel), for respondent.
Stoll, Glickman & Bellina, LLP, Brooklyn, N.Y. (Andrew B. Stoll of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel), for respondent.
LEONARD B. AUSTIN, J.P., BETSY BARROS, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruth E. Shillingford, J.), rendered April 15, 2015, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, 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, 348–349, 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 ; 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 ).
Further, contrary to the defendant's contention, the prosecutor did not violate the trial court's Molineux ruling in eliciting certain testimony from the victim's friend (see People v. Molineux, 168 N.Y. 264, 61 N.E. 286 ; People v. Gomez, 138 A.D.3d 1017, 1018, 30 N.Y.S.3d 234 ; People v. Rock, 65 A.D.3d 558, 559, 882 N.Y.S.2d 907 ).
AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.