People v Ruiz (Wayne)

[*1] People v Ruiz (Wayne) 2009 NY Slip Op 52109(U) [25 Misc 3d 129(A)] Decided on October 13, 2009 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 13, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : MOLIA, J.P., NICOLAI and TANENBAUM, JJ
2008-309 S CR.

The People of the State of New York, Respondent,

against

Wayne Ruiz, Appellant.

Appeal from judgments of the Justice Court of the Town of Southampton, Suffolk County (Thomas J. DeMayo, J.), rendered January 10, 2008. The judgments convicted defendant, upon jury verdicts, of obstructing governmental administration in the second degree and harassment in the second degree.

ORDERED that the judgments of conviction are 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 NY3d 342 [2007]), 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 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record herein, we are satisfied that the verdicts of guilt of obstructing governmental administration in the second degree (Penal Law § 195.05) and of harassment in the second degree (Penal Law § 240.26) were not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Accordingly, the judgments of conviction are affirmed.

Molia, J.P., Nicolai and Tanenbaum, JJ., concur.
Decision Date: October 13, 2009