People v. Rizzo
| Decision Date | 28 September 2016 |
| Citation | 38 N.Y.S.3d 79,2016 N.Y. Slip Op. 06238,142 A.D.3d 1187 |
| Parties | The PEOPLE, etc., Respondent, v. John A. RIZZO, also known as “King Whiteblood”, Appellant. |
| Court | New York Supreme Court — Appellate Division |
142 A.D.3d 1187
38 N.Y.S.3d 79
2016 N.Y. Slip Op. 06238
The PEOPLE, etc., Respondent,
v.
John A. RIZZO, also known as “King Whiteblood”, Appellant.
Supreme Court, Appellate Division, Second Department, New York.
Sept. 28, 2016.
Salvatore C. Adamo, New York, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, and JOSEPH J. MALTESE, JJ.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered August 12, 2013, convicting him of conspiracy in the second degree, attempted murder in the second degree (two counts), assault in the first degree, and attempted assault in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the verdict of guilt was against the weight of the evidence because there was no evidence that he ordered the subject shootings, or that he knew that his codefendant intended to shoot the victims. 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, 859 N.E.2d 902 ).
The defendant's contention that he was deprived of a fair trial because the
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...was punished for asserting his right to proceed to trial (see People v. Ramirez, 157 A.D.3d 718, 720, 69 N.Y.S.3d 76 ; People v. Rizzo, 142 A.D.3d 1187, 1188, 38 N.Y.S.3d 79 ; People v. Valery, 135 A.D.3d 975, 976, 24 N.Y.S.3d 362 ). However, we find the sentences imposed are excessive to t......
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...on that ground and conceded that the radio log was "not Rosario, " that issue is not preserved for our review (see People v. Rizzo, 142 A.D.3d 1187, 1188, 38 N.Y.S.3d 79 [2016] ; People v. Hentley, 155 A.D.2d 392, 393–394, 547 N.Y.S.2d 876 [1989], lv. denied 75 N.Y.2d 919, 555 N.Y.S.2d 38, ......