| People v Smith |
| 2022 NY Slip Op 02292 [204 AD3d 704] |
| April 6, 2022 |
| 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 Rajpert Smith, Appellant. |
Jonathan Rosenberg, PLLC, Brooklyn, NY, for appellant.
Anne T. Donnelly, District Attorney, Mineola, NY (Judith R. Sternberg and Madeline Collins of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Christopher G. Quinn, J.), rendered September 22, 2020, convicting him of endangering the welfare of a child and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guilt 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 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]). 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]). Any conflict in the testimony of the witnesses at trial as to whether the defendant struck his son with a belt created a credibility issue, and the County Court's resolution of that issue is supported by the record (see People v Hughes, 199 AD3d 937, 938 [2021]; People v Walker, 195 AD3d 954, 955 [2021]). Barros, J.P., Rivera, Maltese and Ford, JJ., concur.