PEOPLE v. GUERRA (2009)

Appeal by the defendant from a judgment of the County Court, Nassau County (Kase, J.), rendered April 23, 2007, convicting him of assault in the second degree, menacing in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant contends that the jury verdict convicting him of assault in the second degree and menacing in the second 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, 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 defendant's contention that the jury's verdict was repugnant is unpreserved for appellate review (see CPL 470.05[2];  People v. Alfaro, 66 N.Y.2d 985, 987, 499 N.Y.S.2d 378, 489 N.E.2d 1280;  People v. Graham, 307 A.D.2d 935, 762 N.Y.S.2d 889) and, in any event, is without merit (see People v. Haymes, 34 N.Y.2d 639, 640, 355 N.Y.S.2d 376, 311 N.E.2d 509;  People v. Salazar, 16 A.D.3d 439, 439, 792 N.Y.S.2d 98;  People v. Anthony, 273 A.D.2d 246, 246, 709 N.Y.S.2d 836;  People v. Holloway, 253 A.D.2d 767, 768, 677 N.Y.S.2d 489).

The defendant's remaining contentions do not require reversal.