The People, etc., respondent, v. Rosario Serna, appellant. (2010)

Argued-December 11, 2009

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered February 18, 2005, convicting her of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), 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 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, cert denied 542 U.S. 946;  People v. Bleakley, 69 N.Y.2d 490, 495).   According such deference here, we find that the descrepancies and inconsistencies in the police officers' testimony were not of such magnitude as to render their testimony incredible.   Thus, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 NY3d 633).

SKELOS, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court