| People v Cuneo (Robert) |
| 2010 NY Slip Op 52358(U) [30 Misc 3d 133(A)] |
| Decided on October 21, 2010 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from judgments of the District Court of Suffolk County, First District (Gigi A.
Spelman, J.), rendered April 28, 2009. The judgments convicted defendant, after a nonjury trial,
of menacing in the third degree and endangering the welfare of a child.
ORDERED that the judgments of conviction are affirmed.
Defendant was charged with assault in the third degree (Penal Law § 120.00 [1]), menacing in the third degree (Penal Law § 120.15) and endangering the welfare of a child (Penal Law § 260.10 [1]). Following a nonjury trial, defendant was convicted of menacing in the third degree and endangering the welfare of a child, and was acquitted of assault in the third degree.
Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1973]), we find that it was legally sufficient to establish, beyond a reasonable doubt, defendant's guilt of menacing in the third degree and endangering the welfare of a child. 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 accord great deference to the factfinder's opportunity at the trial to view the witnesses, hear their testimony, observe their demeanor and assess their credibility (see People v Lane, 7 NY3d 888, 890 [2006]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon a review of the record, we are satisfied that the verdicts of guilt were not against the weight of the evidence (People v Romero, 7 NY3d 633 [2006]).
Accordingly, the judgments of conviction are affirmed. [*2]
Molia, J.P., Tanenbaum and LaCava, JJ., concur.
Decision Date: October 21, 2010