Legal Opinion

People v. Fernandez

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

Decided March 26, 2014Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered June 12, 2012, convicting him of rape in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

In fulfilling our responsibility to conduct an independent *978review 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], cert denied 542 US 946…

2Cases cited25 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  4. People v. RomeroNew York Court of Appeals · 2006
  5. People v. MateoNew York Court of Appeals · 2004

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