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People v. Rupnarine

Supreme Court of New York, Second Department

October 30, 2013

The People of the State of New York, respondent,
v.
Harry Rupnarine, appellant. Ind. No. 2029/07

Mischel & Horn, P.C., New York, N.Y. (Richard E. Mischel and Lisa Marlow Wolland of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Emil Bricker of counsel), for respondent.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, PLUMMER E. LOTT, SHERI S. ROMAN, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Aloise, J.), rendered November 6, 2009, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

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 nevertheless 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).

Contrary to the defendant's contention, under the circumstances of this case, the Supreme Court's conduct, including its alleged excessive interference in the course of the trial, did not deprive the defendant of his right to a fair trial (see People v Valke, 198 A.D.2d 246).

The sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit.

MASTRO, J.P., LEVENTHAL, LOTT and ROMAN, JJ., concur.


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