PEOPLE v. DISMEL

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 of rape in the first degree ( see Penal Law § 130.35), criminal sexual act in the first degree ( see Penal Law § 130.50), and assault in the second degree ( see Penal Law § 120.05; People v Taylor, 94 NY2d 910, 911; People v Warren, 22 AD3d 773, 774; People v Williams, 302 AD2d 412; People v Gonzalez, 136 AD2d 735) beyond a reasonable doubt.

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).

[Prior Case History: 16 Misc 3d 1120(A), 2007 NY Slip Op 51519(U).]