People v. Plummer

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2010-10-05
Citations: 77 A.D.3d 688, 908 N.Y.S.2d 349, 76 A.D.2d 1100, 907 N.Y.S.2d 519, 2010 NY Slip Op 7203, 2010 N.Y. App. Div. LEXIS 7262
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Lead Opinion

Appeal by the defendant from a judgment of the County Court, Nassau County (Calabrese, J.), rendered September 10, 2008, convicting him of course of sexual conduct against a child in the second 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 [1983]), we find that it was legally sufficient to establish the defendant’s guilt 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 jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US

Page 689
946 [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 sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant’s remaining contention is without merit. Mastro, J.P., Chambers, Roman and Sgroi, JJ., concur.