SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
March 17, 2009
THE PEOPLE, ETC., RESPONDENT,
JOE MANLEY, APPELLANT.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered May 17, 2005, convicting him of murder in the second degree, criminal possession of a weapon in the second degree (two counts), and criminal mischief 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.
ROBERT A. SPOLZINO, J.P., DAVID S. RITTER, HOWARD MILLER, RUTH C. BALKIN, JJ.
(Ind. No. 1016/02)
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see CPL 470.05; People v Hawkins, 11 NY3d 484; People v Finger, 95 NY2d 894, 895). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), 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; People v Danielson, 9 NY3d 342), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe 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). The fact that some of the People's witnesses had unsavory backgrounds and testified pursuant to cooperation agreements did not render their testimony incredible (see People v Calabria, 3 NY3d 80; People v Adams, 302 AD2d 601).
The defendant's contention that he was entitled to an accomplice corroboration charge pursuant to CPL 60.22 is also unpreserved for appellate review (see People v Edwards, 28 AD3d 491, 492; People v Rudd, 18 AD3d 539, 540) and, in any event, is without merit (see e.g. People v Edwards, 28 AD3d at 492; People v Young, 235 AD2d 441, 442; People v Morillo, 156 AD2d 479, 480).
Contrary to the defendant's contention, he was not denied the effective assistance of counsel. Viewing the record as a whole, we conclude that the defendant received meaningful representation (see People v Taylor, 1 NY3d 174, 176; People v Baldi, 54 NY2d 137).
SPOLZINO, J.P., RITTER, MILLER and BALKIN, JJ., concur.
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