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PEOPLE v. SLOANE

Appellate Division of the Supreme Court of New York, Second Department.
Feb 24, 2009
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Ordered that the judgment is affirmed.

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 opportunity of the trier of fact 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 defendant's claim of ineffective assistance of counsel is based on matter dehors the record and, therefore, cannot be reviewed on direct appeal ( see People v LeGrady, 50 AD3d 1059; People v Shemack, 46 AD3d 582).

The sentence imposed was not excessive ( see People v Hobson, 43 AD3d 1179; People v Suitte, 90 AD2d 80).