Opinion
February 24, 2009.
Appeal by the defendant from a judgment of the County Court, Westchester County (Cacace, J.), rendered February 14, 2007, convicting him of criminal possession of stolen property in the third degree and unauthorized use of a motor vehicle in the second degree, after a nonjury trial, and imposing sentence.
Before: Prudenti, P.J., Dillon, Covello and Leventhal, JJ.
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; People v Danielson, 9 NY3d 342), we nevertheless accord great deference to the opportunity of the trier of fact 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 claim of ineffective assistance of counsel is based on matter dehors the record and, therefore, cannot be reviewed on direct appeal ( see People v LeGrady, 50 AD3d 1059; People v Shemack, 46 AD3d 582).
The sentence imposed was not excessive ( see People v Hobson, 43 AD3d 1179; People v Suitte, 90 AD2d 80).