| People v DeMolfetto (Joseph) |
| 2013 NY Slip Op 52148(U) [42 Misc 3d 128(A)] |
| Decided on December 16, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 a judgment of the Criminal Court of the City of New York, Richmond
County (Mario F. Mattei, J.), rendered May 6, 2011. The judgment convicted defendant,
after a nonjury trial, of attempted criminal trespass in the second degree.
ORDERED that the judgment of conviction is affirmed.
Following a nonjury trial, defendant was convicted of attempted criminal trespass in the second degree (Penal Law §§ 110.00, 140.15) and acquitted of harassment in the second degree (Penal Law § 240.26 [1]). On appeal, defendant contends, among other things, that the guilty verdict was against the weight of the evidence.
Upon the exercise of this court's factual review power (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 348-349 [2007]), after weighing "the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony" (People v Zephyrin, 52 AD3d 543 [2008] [internal quotation marks and citation omitted]), and according great deference to the trier of fact's opportunity 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, 494 [1987]), we find that the verdict convicting defendant of attempted trespass in the second degree was not against the weight of the evidence (see People v Romero, 7 NY3d 633, 643-646 [2006]). Defendant's remaining contention lacks merit.
Accordingly, the judgment of conviction is affirmed.
Solomon, J.P., Pesce and Aliotta, JJ., concur.
Decision Date: December 16, 2013