People v. Miller, 57 A.D.3d 1009 (N.Y. App. Div. 2d Dep't 2008). · Go Syfert
People v. Miller, 57 A.D.3d 1009 (N.Y. App. Div. 2d Dep't 2008). Cases Citing This Book View Copy Cite
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  • People v. Regatuso, 140 A.D.3d 1750 (N.Y. App. Div. 4th Dep't 2016).published 2 cites
    People v Petell, 128 AD3d 1283, 1283 [2015]; People v Miller, 57 AD3d 1009, 1009-1010 [2008]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
George Miller, Jr.
Appellate Division of the Supreme Court of the State of New York.
Dec 30, 2008.
Published opinion
57 A.D.3d 1009
Cited by 3 opinions  |  Published

[*1010] Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), 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 [5]; People v Danielson, 9 NY3d 342 [2007]), 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 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

The sentence imposed was excessive to the extent indicated herein. Fisher, J.P, Florio, Garni and Chambers, JJ., concur.