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The People of the State of New York v. Oscar Cunningham

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS


March 15, 2013

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, --
v.
OSCAR CUNNINGHAM,
APPELLANT.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Desmond A. Green, J.), rendered August 19, 2009.

People v Cunningham (Oscar)

Decided on March 15, 2013

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: PESCE, P.J., WESTON and RIOS, JJ

The judgment, after a non-jury trial, convicted defendant of attempted criminal contempt in the second degree.

ORDERED that the judgment of conviction is affirmed.

After a non-jury trial, defendant was convicted of attempted criminal contempt in the second degree (Penal Law §§ 110.00, 215.30 [3]). At the trial, the complainant testified that defendant had called her on the telephone, in violation of an order of protection. Defendant testified that he did not make the telephone call as claimed. On appeal, defendant contends that the verdict of guilt was against the weight of the evidence.

Upon the exercise of our factual review power (see CPL 470.15 [5]; People v Romero, 7 NY3d 633 [2006]), we find that the verdict was not against the weight of the evidence. In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see People v Danielson, 9 NY3d 342, 347 [2007]), we accord great deference to the factfinder's opportunity to view the witnesses, hear their testimony, observe their demeanor and assess their credibility (People v Lane, 7 NY3d 888, 890 [2006]; People v Bleakley, 69 NY2d 490, 495 [1987]). On this record, it cannot be said that the Criminal Court's credibility determination was unreasonable.

Accordingly, the judgment of conviction is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.

Decision Date: March 15, 2013

20130315

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