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The People of the State of New York, Respondent, v. Eloy Ramirez, Appellant

New York Supreme Court, Appellate Division2016-08-10
142 A.D.3d 56736 N.Y.S.3d 400

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Opinion

majority opinion

— Appeal by the defendant from a judgment of the Supreme Court, Rings County (Ozzi, J.), rendered March 15, 2011, convicting him of reckless endangerment in the second degree, criminal possession of a weapon in the fourth degree, and assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

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 [2007]), 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 [2004]). 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, 643-644 [2006]).

Mastro, J.P., Cohen, Connolly and Brathwaite Nelson, JJ., concur.