| People v Perry |
| 2011 NY Slip Op 08380 [89 AD3d 961] |
| November 15, 2011 |
| 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 Edward Perry, Appellant. |
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Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeannette
Lifschitz, and Tina Grillo of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered October 3, 2008, convicting him of criminal sale of a controlled substance in the third degree, after a nonjury trial, 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 factfinder'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]). The evidence adduced at trial supported a finding that the defendant was not actively induced and was predisposed to commit the offense charged (see People v Gordon, 72 AD3d 841, 842 [2010]; People v Wicht, 48 AD3d 491 [2008]; People v Castro, 299 AD2d 557 [2002]). Dillon, J.P., Balkin, Leventhal and Belen, JJ., concur.