People v. Mooney

• Decision Date: 31 July 2019
• Docket Number: 2017–09115,Ind. No. 2057/15
• Citation: 103 N.Y.S.3d 302 (Mem),174 A.D.3d 922
• Parties: The PEOPLE, etc., Respondent, v. Ryan MOONEY, Appellant.
• Court: New York Supreme Court — Appellate Division

174 A.D.3d 922

103 N.Y.S.3d 302 (Mem)

The PEOPLE, etc., Respondent,

v.Ryan MOONEY, Appellant.

2017–09115

Ind. No. 2057/15

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

Argued—May 20, 2019

July 31, 2019

Paul Skip Laisure, New York, N.Y. (Benjamin Welikson of counsel), for appellant.

John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Joseph N. Ferdenzi, and Roni C. Piplani of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., SHERI S. ROMAN, JEFFREY A. COHEN, COLLEEN D. DUFFY, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Daniel Lewis, J.), rendered August 11, 2017, convicting him of strangulation in the second degree, after a nonjury trial, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant was charged by indictment with attempted murder in the second degree, two counts of assault in the first degree, strangulation in the second degree, and criminal possession of a weapon in the fourth degree arising from an altercation that occurred on July 10, 2015, between the defendant and the complainant. The prosecution presented evidence at a nonjury trial that during the altercation, the defendant put his hands around the complainant's neck and applied pressure, leaving red marks on her neck. The defendant was convicted of strangulation in the second degree.

Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see Penal Law § 121.12 ; Matter of Deandre A., 158 A.D.3d 622, 622–623, 70 N.Y.S.3d 556 ; People v. Leach, 137 A.D.3d 1300, 1302, 30 N.Y.S.3d 117 ; People v. Parker, 127 A.D.3d 1425, 1427, 6 N.Y.S.3d 801 ). 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 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), 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 N.Y.3d 383, 779 N.Y.S.2d 399, 811 N.E.2d 1053 ; People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672 ). 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 N.Y.3d 633, 826 N.Y.S.2d 163, ...