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The People of the State of New York, Respondent, v. Sean Johnstone, Appellant

New York Supreme Court, Appellate Division2018-01-24
157 A.D.3d 90367 N.Y.S.3d 482

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Opinion

majority opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (John Walsh, J.), rendered March 14, 2011, convicting bim of conspiracy in the fourth degree, 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 conspiracy in the fourth degree (Penal Law § 105.10 [1]) 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]; People v Bleakley, 69 NY2d 490, 495 [1987]). 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 [2006]).

The defendant’s argument that hearsay statements were improperly admitted into evidence is unpreserved for appellate review and, in any event, without merit (see People v Caban, 5 NY3d 143, 148 [2005]; People v Adames, 53 AD3d 503, 503 [2008]; People v Santos, 38 AD3d 574 [2007]).

The defendant’s remaining contention is without merit.

Balkin, J.P., Hall, Hinds-Radix and Christopher, JJ., concur.