SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
June 8, 2010
THE PEOPLE, ETC., RESPONDENT,
TRACY CREWS, APPELLANT.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.), rendered April 22, 2008, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. ORDERED that the judgment is affirmed.
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., JOSEPH COVELLO, L. PRISCILLA HALL SANDRA L. SGROI, JJ.
(Ind. No. 2353-06)
DECISION & ORDER
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).
Contrary to the defendant's contention, in the context of this case, the County Court providently exercised its discretion in precluding expert testimony on false confessions (see People v Ragsdale, 68 AD3d 897; cf. People v Lee, 96 NY2d 157, 162; People v Herrnkind, 49 AD3d 555; People v Green, 250 AD2d 143, 146-147; People v Lea, 144 AD2d 863, 864-865).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
The defendant's remaining contentions either are without merit or do not warrant reversal.
FISHER, J.P., COVELLO, HALL and SGROI, JJ., concur.
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