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People v Musayelyan, 2019 NY Slip Op 07287 [176 AD3d 871]

October 9, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Yevhen Musayelyan, Appellant.

Janet E. Sabel, New York, NY (Svetlana M. Kornfeind of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Rhea A. Grob, and Sullivan & Cromwell LLP [Yuliya Neverova], of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Evelyn Laporte, J.), rendered October 1, 2015, convicting him of operating a motor vehicle while under the influence of alcohol or drugs in violation of Vehicle and Traffic Law § 1192 (3), reckless driving, and violation of Vehicle and Traffic Law § 1128 (a), 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 of reckless driving 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, 348 [2007]), we nevertheless accord great deference to the factfinder’s opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v Romero , 7 NY3d 633, 644 [2006]). Upon reviewing the record here, we are satisfied that the verdict of guilt as to that count was not against the weight of the evidence ( see id. at 644).

Since the evidence adduced to establish the elements of operating a motor vehicle while under the influence of alcohol or drugs in violation of Vehicle and Traffic Law § 1192 (3) was supported by the direct testimony of the arresting police officers, a circumstantial evidence charge was not required ( see People v Hardy , 26 NY3d 245, 249 [2015]; People v Roldan , 88 NY2d 826, 827 [1996]; People v Daddona , 81 NY2d 990, 992 [1993]; People v Duffin , 28 Misc 3d 126[A], 2010 NY Slip Op 51174[U] [App Term, 9th & 10th Jud Dists 2010]). Rivera, J.P., LaSalle, Barros and Iannacci, JJ., concur..