Summary
This uncorrected slip opinion from the New York Supreme Court, Appellate Division, Second Department, affirms the defendant's criminal convictions for harassment in the second degree and endangering the welfare of a child. Following a jury trial based on a domestic altercation recorded by a minor, the defendant appealed, challenging whether the verdict was against the weight of the evidence. The appellate court conducted an independent review but found the jury's findings were adequately supported and upheld the judgment.
Topics
Practice areas
Questions Presented
- Whether the jury's verdict was against the weight of the evidence and therefore subject to reversal.
Holdings
- The judgment is affirmed because the verdict was not against the weight of the evidence.
Key quotations
“In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5]; People v. Danielson, 9 NY3d 342), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v. Mateo, 2 NY3d 383, 410; 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).”
Factual background
On August 25, 2021, during a heated verbal exchange, the defendant tossed water in his adult daughter's face and shoved his adult son. The incident was recorded by the 13‑year‑old daughter, who called 911. A jury subsequently found the defendant guilty of two counts of harassment in the second degree and one count of endangering the welfare of a child.
Procedural history
The trial court (Supreme Court, Nassau County) rendered a verdict on September 20, 2023, convicting the defendant after a jury trial. The defendant appealed the judgment to the Appellate Division, Second Department.