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People v. Serna

NEW YORK SUPREME COURT, APPELLATE DIVISION, SECOND DEPARTMENT


January 19, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
ROSARIO SERNA, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered February 18, 2005, convicting her of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third 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.

PETER B. SKELOS, J.P., THOMAS A. DICKERSON, PLUMMER E. LOTT and SHERI S. ROMAN, JJ.

(Ind. No. 10626/03)

DECISION & ORDER

ORDERED that the judgment is affirmed.

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[5]; 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). According such deference here, we find that the descrepancies and inconsistencies in the police officers' testimony were not of such magnitude as to render their testimony incredible. Thus, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633).

SKELOS, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

20100119

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