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People v. Dawkins

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 2011
85 A.D.3d 812 (N.Y. App. Div. 2011)

Opinion

No. 2009-00773.

June 7, 2011.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Camacho, J.), rendered January 6, 2009, convicting him of attempted criminal contempt in the second degree, after a nonjury trial, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Warren S. Landau of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Jaclyn Belson of counsel; Andrew Dykens on the brief), for respondent.

Before: Prudenti, P.J., Angiolillo, Florio and Cohen, JJ.


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), 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; People v Danielson, 9 NY3d 342), we nevertheless accord great deference to the factfinder's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v Mateo, 2 NY3d 383, 410, cert denied 542 US 946; People v Bleakley, 69 NY2d 490). 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).

The defendant's remaining contentions are without merit.


Summaries of

People v. Dawkins

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 2011
85 A.D.3d 812 (N.Y. App. Div. 2011)
Case details for

People v. Dawkins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID DAWKINS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 7, 2011

Citations

85 A.D.3d 812 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 5087
924 N.Y.S.2d 810

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