PEOPLE v. JOSEPH (2024)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (John T. Hecht, J.), rendered April 12, 2019, convicting him of robbery in second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant was convicted, upon a jury verdict, of robbery in the second degree, arising out of his participation, with two codefendants, in the taking of the complainant's wallet and cell phone.

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), 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).  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 NY3d 633).  The verdict was based, inter alia, on the complainant's description of the defendant to the police, the complainant's identification of the defendant on two occasions prior to the defendant's arrest for the instant crime, and the complainant's in-court identification of the defendant.

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

Accordingly, we affirm the judgment of conviction.

BARROS, J.P., MALTESE, WOOTEN and LOVE, JJ., concur.