People v Laino, 2017 NY Slip Op 05620 [152 AD3d 621]

July 12, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Steven Laino, Appellant.

Yonatan S. Levoritz, P.C. (Maria Scheuring-Elbert, Smithtown, NY, of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (DiDomenico, J.), rendered June 28, 2016, convicting him of attempted assault in the third degree and harassment in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence supporting his convictions was legally insufficient is unpreserved for appellate review ( see CPL 470.05 [2]; People v Hawkins , 11 NY3d 484 , 492 [2008]; People v Santos , 86 NY2d 869, 870 [1995]). In any event, 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 [2007]), we nevertheless accord great deference to the factfinder’s opportunity to view the witnesses, hear the testimony, and observe their demeanor ( see People v Mateo , 2 NY3d 383, 410 [2004]; People v Bleakley , 69 NY2d 490, 495 [1987]). Upon reviewing the record, 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 defendant’s remaining contention is unpreserved for appellate review ( see CPL 470.05 [2]) and, in any event, without merit. Rivera, J.P., Sgroi, Miller and Brathwaite Nelson, JJ., concur..