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People v Hardy, 2021 NY Slip Op 05717 [198 AD3d 918]

October 20, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Gregory Hardy, Appellant.

Patricia Pazner, New York, NY (Olivia Gee and Michael Arthus of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Hannah X. Scotti of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Barry A. Schwartz, J.), rendered January 8, 2019, convicting him of robbery in the second degree (two counts), grand larceny in the fourth degree, and criminal possession of stolen property in the fourth degree, 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 [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 jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v Mateo , 2 NY3d 383 [2004]; People v Bleakley , 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt as to all counts was not against the weight of the evidence ( see People v Romero , 7 NY3d 633 [2006]).

The defendant’s remaining contentions are partially unpreserved for appellate review ( see CPL 470.05 [2]), and, in any event, without merit. Mastro, J.P., Austin, Duffy and Connolly, JJ., concur..