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People v. Isaac

June 16, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
JOSEPH ISAAC, APPELLANT.



Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered October 25, 2007, convicting him of assault in the second degree, after a non-jury trial, 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., MARK C. DILLON, FRED T. SANTUCCI and RUTH C. BALKIN, JJ.

(Ind. No. 1251/07)

DECISION & ORDER

ORDERED that the judgment is affirmed.

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), 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, 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., DILLON, SANTUCCI and BALKIN, JJ., concur.

20090616

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