The People, etc., respondent, v. Aloysius Staton, Jr., appellant.

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Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Aloysius Staton, Jr., appellant.

2008-06364 (Ind.No. 2524/07)

Decided: May 25, 2010

STEVEN W. FISHER, J.P. RUTH C. BALKIN SHERI S. ROMAN SANDRA L. SGROI, JJ. John F. McGlynn, Rockville Centre, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Joanna Hershey of counsel), for respondent.

Submitted-April 23, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Kase, J.), rendered June 5, 2008, convicting him of disorderly conduct, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

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).

FISHER, J.P., BALKIN, ROMAN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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