SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
March 30, 2010
THE PEOPLE, ETC., RESPONDENT,
NICHOLAS VASSELL, APPELLANT.
Appeal by the defendant from a judgment of the County Court, Nassau County (Jaeger, J.), rendered January 19, 2007, convicting him of assault in the first 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.
JOSEPH COVELLO, J.P., HOWARD MILLER, CHERYL E. CHAMBERS PLUMMER E. LOTT, JJ.
(Ind. No. 1111/06)
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that his conviction was not supported by legally sufficient evidence is unpreserved for appellate review, as defense counsel made a generalized motion for a trial order of dismissal at the close of the People's case (see CPL 470.05; People v Hawkins, 11 NY3d 484, 492). 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 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, 644-645).
The defendant's remaining contentions are without merit.
COVELLO, J.P., MILLER, CHAMBERS and LOTT, JJ., concur.
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