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People v. Pszeniczny

Supreme Court of New York, Second Department

October 23, 2013

The People of the State of New York, respondent,
v.
Jan Pszeniczny, appellant. Ind. No. 3059/08

Zuckerman Spaeder LLP, New York, N.Y. (Paul Shechtman of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, and Joshua D. Glickman of counsel), for respondent.

PETER B. SKELOS, J.P., THOMAS A. DICKERSON, L. PRISCILLA HALL, ROBERT J. MILLER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered December 3, 2010, convicting him of assault in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The sole contention raised by the defendant on appeal is that the jury verdict convicting him of assault in the third degree was against the weight of the evidence. In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5]; People v Danielson, 9 N.Y.3d 342), we accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 N.Y.3d 383, 410, cert denied 542 U.S. 946; People v Bleakley, 69 N.Y.2d 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 N.Y.3d 633).

SKELOS, J.P., DICKERSON, HALL and MILLER, JJ., concur.


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