PEOPLE v. STROMAN (2009)

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered January 8, 2007, convicting him of grand larceny in the fourth degree and criminal possession of stolen property in the fifth degree (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant's challenge to the legal sufficiency of the identification evidence was preserved for appellate review (see People v. Hines, 97 N.Y.2d 56, 736 N.Y.S.2d 643, 762 N.E.2d 329;  People v. Beriguete, 51 A.D.3d 939, 858 N.Y.S.2d 369;  People v. Mendez, 34 A.D.3d 697, 824 N.Y.S.2d 416).   That challenge, however, is without merit.   Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), 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 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1), 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, 779 N.Y.S.2d 399, 811 N.E.2d 1053, cert. denied 542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828;  People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   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, 826 N.Y.S.2d 163, 859 N.E.2d 902).   The discrepancies and inconsistencies between the identification testimony of the complainant and a witness and statements in the police reports were properly considered by the jury (see People v. Calabria, 3 N.Y.3d 80, 783 N.Y.S.2d 321, 816 N.E.2d 1257;  People v. Colon, 42 A.D.3d 549, 840 N.Y.S.2d 110;  People v. Almonte, 23 A.D.3d 392, 806 N.Y.S.2d 95;  People v. Fields, 28 A.D.3d 789, 812 N.Y.S.2d 888).