The People, etc., respondent, v. Sadat Yancy, appellant.

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

The People, etc., respondent, v. Sadat Yancy, appellant.

2009–00460 (Ind.No. 07–01123)

Decided: May 31, 2011

JOSEPH COVELLO, J.P. DANIEL D. ANGIOLILLO THOMAS A. DICKERSON SHERI S. ROMAN, JJ. John De Chiaro, Larchmont, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfranesco, Lois Cullen Valerio, and Richard Longworth Hecht of counsel), for respondent.

Submitted—March 18, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Cohen, J.), rendered December 16, 2008, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the People's position, the defendant's challenge to the legal sufficiency of the evidence is preserved for appellate review (see People v. Hines, 97 N.Y.2d 56, 61;  People v. Squires, 68 AD3d 900;  People v. Soto, 8 AD3d 683, 684).   Viewing the evidence in the light most favorable to the People (see People v. Contes, 60 N.Y.2d 620, 621), 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 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, cert. denied 542 U.S. 946).   Upon reviewing 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).

COVELLO, J.P., ANGIOLILLO, DICKERSON and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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