The People, etc., respondent, v. Kevin Davis, appellant. (2011)

Submitted-December 10, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered April 6, 2008, convicting him of course of sexual conduct against a child in the first degree, sodomy in the second degree, criminal sexual act in the second degree (11 counts), rape in the second degree, and endangering the welfare of a child, 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. Danielson, 9 NY3d 342, 349), 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).   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, 643).

The defendant's contention that 13 of the counts of the indictment were rendered duplicitous by trial testimony is not preserved for appellate review (see CPL 470.05[2];  People v. Drysdale, 295 A.D.2d 533, 533), and we decline to reach the issue in the exercise of our interest of justice jurisdiction (see CPL 470.15[6];  People v. Nash, 77 AD3d 687, 688;  People v. Saintilus, 74 AD3d 996, 997).

The defendant's remaining contention is without merit.

COVELLO, J.P., ENG, CHAMBERS and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court