People v Caraway, 2020 NY Slip Op 07087 [188 AD3d 1246]

November 25, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Mark Caraway, Appellant.

Matthew Muraskin, Port Jefferson, NY, for appellant.

Timothy D. Sini, District Attorney, Riverhead, NY (Lauren Tan, Guy Arcidiacono, and Glenn Green of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (John B. Collins, J.), rendered June 6, 2018, convicting him of attempted aggravated murder of a police officer, aggravated assault of a police officer, and attempted aggravated assault of a police officer (three counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

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, beyond a reasonable doubt, the defendant’s guilt of attempted aggravated murder of a police officer ( see People v Leftenant , 173 AD3d 1211 , 1211 [2019]).

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 jury’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 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]). Contrary to the defendant’s contention, he failed to meet his burden of proving the affirmative defense of mental disease or defect by a preponderance of the evidence ( see Penal Law §§ 25.00 [2]; 40.15; cf. People v Hernandez-Beltre , 157 AD3d 814 , 816 [2018]). Rivera, J.P., Cohen, Hinds-Radix and Iannacci, JJ., concur..