Torts · MBE-tested

The People of the State of New York, Respondent, v. Zarhiah Richey, Appellant

59 A.D.3d 641872 N.Y.S.2d 675·New York Supreme Court, Appellate Division·2009·NY

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Opinion

The People of the State of New York, Respondent, v Zarhiah Richey, Appellant. [872 NYS2d 675] [MAJORITY] Appeal by the defendant from a judgment of the Supreme Court, Kangs County (Tomei, J.), rendered March 1, 2007, convicting her of assault in the third degree and criminal possession of a weapon in the fourth degree (two counts), after a nonjury trial, 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 [2007]), we nevertheless accord great deference to the factfinder’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]). Florio, J.P., Covello, Balkin and Leventhal, JJ., concur.