[*1]
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on December 16, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : SOLOMON, J.P., PESCE and ALIOTTA, JJ
.

The People of the State of New York, Respondent, —

against

Joseph DeMolfetto, Appellant.


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