The People, etc., respondent, v. Sean Johnstone, appellant. (2018)

Argued—November 21, 2017

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (John Walsh, J.), rendered March 14, 2011, convicting him of conspiracy in the fourth degree, after a nonjury trial, 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, 621), we find that it was legally sufficient to establish the defendant's guilt of conspiracy in the fourth degree (Penal Law § 105.10[1] ) 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 factfinder's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v. Mateo, 2 NY3d 383, 410;  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).

The defendant's argument that hearsay statements were improperly admitted into evidence is unpreserved for appellate review and, in any event, without merit (see People v. Caban, 5 NY3d 143, 148;  People v. Adames, 53 AD3d 503, 503;  People v. Santos, 38 AD3d 574).

The defendant's remaining contention is without merit.

BALKIN, J.P., HALL, HINDS–RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court