People v Greaves

People v Greaves 2009 NY Slip Op 04084 [62 AD3d 901] May 19, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 1, 2009

The People of the State of New York, Respondent,
v
Kevin Greaves, Appellant.

—[*1] Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y. Brodt of counsel; Lorrie A. Zinno on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered October 16, 2006, convicting him of reckless endangerment in the first degree, operating a motor vehicle while under the influence of alcohol (two counts), failure to obey a traffic control device, and unlawfully operating or driving a motor vehicle on a public highway, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant's guilt of reckless endangerment in the first degree beyond a reasonable doubt. Moreover, 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 factfinder's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are [*2]satisfied that the verdict of guilt on the count of reckless endangerment in the first degree was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Prudenti, P.J., Santucci, Florio and Belen, JJ., concur.