People v White (Brian)
Decided on July 7, 2011
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P., NICOLAI and MOLIA, JJ
2009-2232 W CR.
The People of the State of New York, Respondent,
Brian J. White, Appellant.
Appeal from judgments of the Justice Court of the Town of Somers, Westchester County (Denis J. Timone, J.), rendered October 14, 2009. The judgments convicted defendant, after a nonjury trial, of forcible touching and endangering the welfare of a child, respectively.
ORDERED that the judgments of conviction are affirmed.
After a nonjury trial, defendant was convicted of forcible touching (Penal Law
§ 130.52) and endangering the welfare of a child (Penal Law § 260.10 ). Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish, beyond a reasonable doubt, defendant's guilt of forcible touching and endangering the welfare of a child. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 ; People v Danielson, 9 NY3d 347 ), we accord great deference to the factfinder's opportunity at the trial to view the witnesses, hear their testimony, observe their demeanor and assess their credibility (see People v Lane, 7 NY3d 888, 890 ; People v Bleakley, 69 NY2d 490, 495 ). Upon a review of the record, we are satisfied that the verdicts of guilt were not against the weight of the credible evidence.
Defendant's remaining contentions are either unpreserved for appellate review or without merit.
Accordingly, the judgments of conviction are affirmed.
Iannacci, J.P., Nicolai and Molia, JJ., concur.
Decision Date: July 07, 2011