| People v Murray (Patricia) |
| 2014 NY Slip Op 50218(U) [42 Misc 3d 141(A)] |
| Decided on February 7, 2014 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 November 1, 2011. The judgment convicted
defendant, after a nonjury trial, of attempted assault in the third degree.
ORDERED that the judgment of conviction is affirmed.
Defendant was convicted, after a nonjury trial, of attempted assault in the third degree (Penal Law §§ 110.00, 120.00 [1]).
Defendant's contention that the evidence was legally insufficient to establish her guilt beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05 [2] People v Hawkins, 11 NY3d 484, 491-492 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that the evidence was legally sufficient to establish defendant's guilt of attempted assault in the third degree beyond a reasonable doubt. 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 to view the witnesses, hear their testimony, observe their demeanor and assess their credibility (see People v Lane, 7 NY3d 888 [2006] People v Bleakley, 69 NY2d 490 [1987]). Upon reviewing the record, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).
Accordingly, the judgment of conviction is affirmed.
Pesce, P.J., Weston and Solomon, JJ., concur.
Decision Date: February 07, 2014