| People v Armstead |
| 2009 NY Slip Op 09033 [68 AD3d 778] |
| December 1, 2009 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Kenneth Armstead, Appellant. |
—[*1]
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Jason P.
Weinstein of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Ayers, J.), rendered November 13, 2008, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the seventh 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 [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 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]). Dillon, J.P., Florio, Miller and Angiolillo, JJ., concur.