People v Lassic

People v Lassic 2011 NY Slip Op 09669 Decided on December 27, 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 27, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
2010-01807
(Ind. No. 15/09)

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

v

Mickey Lassic, appellant.




Martin Geduldig, Garden City, N.Y., for appellant.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Barbara
Kornblau of counsel; Matthew C.
Frankel on the brief), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Peck, J.), rendered February 2, 2010, convicting him of robbery in the second degree (two counts) and conspiracy in the fourth degree, upon a jury verdict, 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), we find that it was legally sufficient to establish the defendant's guilt of two counts of robbery in the second degree (see Penal Law § 20.00; People v Carr-El, 287 AD2d 731, 733, affd 99 NY2d 546) and conspiracy in the fourth degree (see People v Ackies, 79 AD3d 1050, 1056) 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), 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). 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).
SKELOS, J.P., DICKERSON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court