People v Maryash (Villona)

[*1] People v Maryash (Villona) 2015 NY Slip Op 50978(U) Decided on June 22, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 22, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., ALIOTTA and ELLIOT, JJ.
2013-1016 K CR

The People of the State of New York, Respondent,

against

Villona Maryash, Appellant.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (John Cataldo, J.H.O.), rendered May 6, 2013. The judgment convicted defendant, after a nonjury trial, of disorderly conduct.

ORDERED that the judgment of conviction is affirmed.

At approximately 10:15 a.m. on January 28, 2013, on the second floor of the Civil Court of the City of New York, Housing Part, Kings County, a court officer observed defendant screaming and yelling near the information windows. At least 30 people were on line behind defendant, who initially refused to move. At least 30 more people were in an adjacent waiting room.

The court officer offered to walk with defendant up the stairs to the eighth floor, where she could speak to the chief clerk of the Housing Part. Defendant agreed. However, when they reached the seventh floor, where judges' chambers are located, defendant opened the stairwell door and began screaming again. At least one judge and his secretary entered the hallway. At that point, the court officer arrested defendant on a disorderly conduct charge, for making unreasonable noise (Penal Law § 240.20 [2]).

At a nonjury trial, defendant testified that her landlord, the clerk at the information window, and the court officer had conspired to attempt to evict her from her apartment. She further testified that she stopped on the seventh floor because she was having an asthma attack, and had asked for an ambulance. There is no evidence that an ambulance was called. Following the trial, the Criminal Court found defendant guilty of disorderly conduct.

To the extent defendant claims that the evidence was legally insufficient to support the verdict, the claim is unpreserved for appellate review, as defendant did not move to dismiss the accusatory instrument either at the close of the People's case or at the close of all of the evidence (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 491-492 [2008]; People v Gray, 86 NY2d 10 [1995]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that defendant's guilt was established beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]), we nevertheless accord great deference to the factfinder's opportunity to view the witnesses, hear their testimony, and observe their demeanor (see People v Mateo, 2 NY3d 383 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt [*2]was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

Accordingly, the judgment of conviction is affirmed.

Weston, J.P., Aliotta and Elliot, JJ., concur.

Decision Date: June 22, 2015