Lynn W.L. Fahey, New York, N.Y. (Samuel Brown of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Jeannette Lifschitz, and Denise A. Biderman of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered November 14, 2013, convicting him of robbery in the second degree (two counts), after a nonjury trial, 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 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see Penal Law § 160.10[1], [2][a]; People v. Chiddick, 8 N.Y.3d 445, 447, 834 N.Y.S.2d 710, 866 N.E.2d 1039;
People v. Walters, 69 A.D.3d 768, 768–769,
894 N.Y.S.2d 68). 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 N.Y.3d 342,
849 N.Y.S.2d 480,
880 N.E.2d 1), 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 N.Y.3d 383, 410,
779 N.Y.S.2d 399,
811 N.E.2d 1053). 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 N.Y.3d 633, 644,
826 N.Y.S.2d 163,
859 N.E.2d 902).
In addition, the trial court properly denied the defendant's request for a missing witness charge, as there was no evidence that the uncalled witnesses would provide noncumulative testimony (see People v. Edwards, 14 N.Y.3d 733, 735, 899 N.Y.S.2d 65, 925 N.E.2d 867; People v. Stewart, 96 A.D.3d 880, 881, 946 N.Y.S.2d 478).
MASTRO, J.P., CHAMBERS, ROMAN and BARROS, JJ., concur.