PEOPLE v. BROWN (2020)

ORDERED that the judgment of conviction is affirmed.

Defendant was charged in a simplified traffic information with using a mobile telephone while operating a motor vehicle (Vehicle and Traffic Law § 1225-c [2] [a]). Following a nonjury trial, the Justice Court found defendant guilty of the charge.

To the extent that defendant's contention on appeal is viewed as a legal insufficiency claim, it is not preserved for appellate review since defendant failed to move to dismiss the charge following the close of all of the evidence at trial (see CPL 470.05 [2]; People v. Gray, 86 NY2d 10, 19-20 [1995]), and we decline to review it as a matter of discretion in the interest of justice (see People v. Devaul, 60 Misc 3d 130[A], 2018 NY Slip Op 50993[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018] ). However, upon a defendant's request, this court must conduct a weight of the evidence review and, thus, “a defendant will be given one appellate review of adverse factual findings” (People v. Danielson, 9 NY3d 342, 348 [2007]). In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]), we nevertheless accord great deference to the factfinder's opportunity to view the witnesses, hear their testimony and observe their demeanor (see People v. Mateo, 2 NY3d 383, 410 [2004]; People v. Bleakley, 69 NY2d 490, 495 [1987]). If it appears that the trier of fact has given the evidence the weight it should be accorded, the verdict should not be disturbed (see CPL 470.15 [5]; Danielson, 9 NY3d 342). Upon a review of the record, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 NY3d 633 [2006]; People v. Asvazadourain, 59 Misc 3d 137[A], 2018 NY Slip Op 50567[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018]; People v. Tzotzchev, 43 Misc 3d 138[A], 2014 NY Slip Op 50709[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2014] ).

Accordingly, the judgment of conviction is affirmed.

ADAMS, P.J., GARGUILO and EMERSON, JJ., concur.