58 A.D.3d 757 871 N.Y.S.2d 705

The People of the State of New York, Respondent, v Roberto Ramirez, Appellant.

[871 NYS2d 705]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered March 22, 2006, convicting him of aggravated sexual abuse in the third degree, upon a nonjury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

As a threshold matter, the defendant’s challenge to the legal *758sufficiency of the evidence supporting his conviction is unpre-served for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 [2008]; People v Gordon, 47 AD3d 833, 833-834 [2008]; People v Colon, 43 AD3d 951 [2007]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]; People v Hayes, 47 AD3d 835 [2008]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Burgos, 18 AD3d 667 [2005]; People v Smith, 303 AD2d 426 [2003]; People v Best, 294 AD2d 512 [2002]). 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 [2007]), we nevertheless accord great deference to the opportunity of the trier of fact to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). 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 [2006]). Rivera, J.P, Santucci, Garni and Dickerson, JJ., concur.

People v. Ramirez
58 A.D.3d 757 871 N.Y.S.2d 705

Case Details

Name
People v. Ramirez
Decision Date
Jan 20, 2009
Citations

58 A.D.3d 757

871 N.Y.S.2d 705

Jurisdiction
New York

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