People v. Rosado
| Decision Date | 30 December 2015 |
| Citation | 22 N.Y.S.3d 235,134 A.D.3d 1133 |
| Parties | The PEOPLE, etc., respondent, v. Daniel ROSADO, appellant. |
| Court | New York Supreme Court — Appellate Division |
134 A.D.3d 1133
22 N.Y.S.3d 235
The PEOPLE, etc., respondent,
v.
Daniel ROSADO, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Dec. 30, 2015.
Lynn W.L. Fahey, New York, N.Y. (Samuel Brown of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Amy Appelbaum, and Jean M. Joyce of counsel), for respondent.
REINALDO E. RIVERA, J.P., L. PRISCILLA HALL, SHERI S. ROMAN, and SANDRA L. SGROI, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Riviezzo, J.), rendered April 15, 2013, convicting
him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to disprove his justification defense beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05[2] ; People v. Hawkins, 11 N.Y.3d 484, 492, 872 N.Y.S.2d 395, 900 N.E.2d 946 ; People v. Bochi, 119 A.D.3d 811, 812, 989 N.Y.S.2d 301 ; People v. Landri, 104 A.D.3d 791, 791, 960 N.Y.S.2d 504 ). In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to disprove the defendant's justification defense beyond a reasonable doubt (see People v. Pickens, 60 A.D.3d 699, 701, 874 N.Y.S.2d 570 ; People v. Chung, 39 A.D.3d 558, 559, 835 N.Y.S.2d 223 ). 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 jury's opportunity to view the witnesses, hear the testimony, and observe their demeanor (see People v. Mateo, 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053 ; People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ). Upon reviewing the record, we are satisfied that the rejection of the justification defense and the verdict of guilt were not against the weight of the evidence (see People v. Romero, 7 N.Y.3d 633, 826...
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...constitutes a "mixed claim" of ineffective assistance (People v. Maxwell, 89 A.D.3d 1108, 1109, 933 N.Y.S.2d 386 ; see People v. Rosado, 134 A.D.3d 1133, 22 N.Y.S.3d 235 ). It is not evident from the matter appearing on the record that the defendant was not provided with meaningful represen......
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...constitutes a “mixed claim” of ineffective assistance (People v. Maxwell, 89 A.D.3d 1108, 1109, 933 N.Y.S.2d 386 ; see People v. Rosado, 134 A.D.3d 1133, 22 N.Y.S.3d 235 ). It is not evident from the matter appearing on the record that the defendant was deprived of the effective assistance ......
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