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The People, etc., respondent, v. Anthony Johnson, appellant.
Argued—November 4, 2011
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mullen, J.), rendered June 11, 2009, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the evidence, when viewed in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), was legally sufficient to establish, beyond a reasonable doubt, his identity as one of two robbers. 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, 348–349; People v. Romero, 7 NY3d 633, 644–645), 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; People v. Jean–Marie, 67 AD3d 704, 704). Upon reviewing the record, we are satisfied that the jury's verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 NY3d 633).
MASTRO, A.P.J., FLORIO, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
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Docket No: 2009–06377 (Ind.No. 8123 /07)
Decided: December 06, 2011
Court: Supreme Court, Appellate Division, Second Department, New York.
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