91 A.D.3d 672 935 N.Y.S.2d 896

The People of the State of New York, Respondent, v Vincent Pacienza, Appellant.

[935 NYS2d 896]

*673Contrary to the defendant’s contention, Penal Law § 250.45 (3) (a) is not unconstitutionally vague. The statute provides a person of ordinary intelligence with a reasonable opportunity to know the conduct that is proscribed and contains clear standards for enforcement (see People v Stuart, 100 NY2d 412, 420 [2003] ; People v Shack, 86 NY2d 529, 538 [1995]; People v Eun Sil Jang, 17 AD3d 693 [2005]). In addition, the rebuttable presumption set forth in Penal Law § 250.45 (3) (b) is not a violation of due process rights, as there is a rational connection between the facts proved and the fact presumed (see People v Leyva, 38 NY2d 160, 165-166 [1975]; People v Terra, 303 NY 332, 335 [1951]; People v Rosano, 69 AD2d 643, 656 [1979], affd 50 NY2d 1013 [1980]).

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), 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, 348 [2007]), we nevertheless accord great deference to the trier of fact’s opportunity 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]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Florio, J.P., Belen, Roman and Sgroi, JJ., concur.

People v. Pacienza
91 A.D.3d 672 935 N.Y.S.2d 896

Case Details

Name
People v. Pacienza
Decision Date
Jan 10, 2012
Citations

91 A.D.3d 672

935 N.Y.S.2d 896

Jurisdiction
New York

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