SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
December 9, 2008
THE PEOPLE, ETC., RESPONDENT,
EDWARD RODRIGUEZ, APPELLANT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered September 28, 2006, convicting him of attempted assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
WILLIAM F. MASTRO, J.P., HOWARD MILLER, RUTH C. BALKIN and WILLIAM E. McCARTHY, JJ.
(Ind. No. 3791/05)
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to prove his guilt of attempted assault in the second degree beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05; People v Soto, 8 AD3d 683, 684; People v Smith, 303 AD2d 426, 427). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to show that the defendant intended to cause the complainant physical injury (see People v Gordon, 284 AD2d 481, 481-482).
In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15; People v Danielson, 9 NY3d 342, 349), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe their demeanor (see People v Mateo, 2 NY3d 383, 410, cert denied 542 US 946; People v Bleakley, 69 NY2d 490, 495). 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).
MASTRO, J.P., MILLER, BALKIN and McCARTHY, JJ., concur.
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