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People v. Zepeda

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


February 9, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
LEONEL ZEPEDA, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered December 14, 2006, convicting him of sexual abuse in the first degree and endangering the welfare of a child, 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.

STEVEN W. FISHER, J.P., ANITA R. FLORIO, ARIEL E. BELEN & LEONARD B. AUSTIN, JJ.

(Ind. No. 738/06)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant contends that the verdict convicting him of sexual abuse in the first degree and endangering the welfare of a child was against the weight of the evidence. In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPLR 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). 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).

FISHER, J.P., FLORIO, BELEN and AUSTIN, JJ., concur.

20100209

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