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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOE SEALS, Appellant.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to disprove the defendant's justification defense beyond a reasonable doubt ( see Penal Law § 35.15; People v Acquista, 41 AD3d 491, 492; People v Glod, 234 AD2d 384; People v Berk, 217 AD2d 941, 942-943, aff'd 88 NY2d 257, cert denied 519 US 859).

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, 495). 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 sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).

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PEOPLE v. JOE SEALS
(Nov 3, 2010)