PEOPLE v. RASMUS (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Philippe Solages, Jr., J.), rendered September 20, 2023, convicting him of harassment in the second degree (two counts) and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

On the evening of August 25, 2021, during the course of a heated verbal exchange, the defendant, inter alia, tossed water in his adult daughter's face and shoved his adult son.  The altercation was witnessed by the defendant's 13–year–old daughter, who recorded the altercation on her cell phone and called 911.  After a jury trial, the defendant was convicted of two counts of harassment in the second degree and endangering the welfare of a child.  The defendant appeals.

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;  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).

LASALLE, P.J., CHAMBERS, FORD and MCCORMACK, JJ., concur.