Legal Opinion

People v. DiGenaro

Appellate Division of the Supreme Court of the State of New York

Decided December 1, 2009Published

1Opinion of the Court

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]; People v Lawson, 65 AD3d 1380 [2009]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt.

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 jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied…

2Cases cited10 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. DanielsonNew York Court of Appeals · 2007
  4. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  5. People v. RomeroNew York Court of Appeals · 2006

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