PEOPLE v. HASPER (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Christopher Quinn, J., at trial;  Teresa K. Corrigan, J., at sentence), rendered April 20, 2021, convicting him of reckless endangerment in the second degree, obstruction of a license plate in violation of Vehicle and Traffic Law § 402(1)(b), excessive use of a horn in violation of Vehicle and Traffic Law § 375(1)(a), and making an unsafe turn in violation of Vehicle and Traffic Law § 1163(a), after a nonjury trial, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his waiver of the right to a jury trial was invalid is unpreserved for appellate review (see CPL 470.05[2];  People v. Johnson, 51 N.Y.2d 986, 987, 435 N.Y.S.2d 713, 416 N.E.2d 1048;  People v. Maharaj, 225 A.D.3d 628, 628, 206 N.Y.S.3d 381).  In any event, the record does not support the defendant's contention that his waiver of the right to a jury trial was not knowing, voluntary, and intelligent (see People v. Vazquez, 204 A.D.3d 943, 944, 164 N.Y.S.3d 850;  People v. Tucker, 151 A.D.3d 1085, 1087, 58 N.Y.S.3d 461).

The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see CPL 470.05[2];  People v. Hawkins, 11 N.Y.3d 484, 492, 872 N.Y.S.2d 395, 900 N.E.2d 946).  In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 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, 348, 849 N.Y.S.2d 480, 880 N.E.2d 1), we nevertheless accord great deference to the factfinder'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, 644, 826 N.Y.S.2d 163, 859 N.E.2d 902).

Moreover, the defendant's contention that he was deprived of the effective assistance of counsel is without merit.  The evidence, the law, and the circumstances of this case, viewed in totality and as of the time of the representation, reveal that defense counsel provided meaningful representation (see People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584;  People v. Brown, 240 A.D.3d 707, 709, 238 N.Y.S.3d 282), and the defendant was not deprived of the effective assistance of counsel under the United States Constitution (see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674).

The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit.

CHAMBERS, J.P., WOOTEN, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.