People v Johnson

People v Johnson 2011 NY Slip Op 08955 Decided on December 6, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 6, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, A.P.J.
ANITA R. FLORIO
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
2009-06377
(Ind. No. 8123/07)

[*1]The People of the State of New York, respondent,

v

Anthony Johnson, appellant.




Lynn W. L. Fahey, New York, N.Y. (Kendra L. Hutchinson of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Ann Bordley of
counsel; Samuel K. Mersky on the brief),
for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mullen, J.), rendered June 11, 2009, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the evidence, when viewed in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), was legally sufficient to establish, beyond a reasonable doubt, his identity as one of two robbers. 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, 348-349; People v Romero, 7 NY3d 633, 644-645), 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, cert denied 542 US 946; People v Bleakley, 69 NY2d 490, 495; People v Jean-Marie, 67 AD3d 704, 704). Upon reviewing the record, we are satisfied that the jury's verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633).
MASTRO, A.P.J., FLORIO, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court