People v Janvier (2020 NY Slip Op 04861) People v Janvier 2020 NY Slip Op 04861 Decided on September 2, 2020 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on September 2, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department REINALDO E. RIVERA, J.P. MARK C. DILLON JOSEPH J. MALTESE COLLEEN D. DUFFY BETSY BARROS, JJ. 2014-09251 (Ind. No. 2262/13) [*1]The People of the State of New York, respondent, vJean Janvier, appellant. Paul Skip Laisure, New York, NY (Ava C. Page of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Rhea A. Grob, and Terrence F. Heller of counsel), for respondent. DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miriam Cyrulnik, J.), rendered September 11, 2014, convicting him of assault in the second degree, assault in the third degree, and resisting arrest, upon a jury verdict, and imposing sentence. ORDERED that the judgment is affirmed. On March 13, 2013, the defendant, allegedly operating an unlicensed vehicle for hire in Brooklyn, was pulled over by two inspectors from the New York City Taxi and Limousine Commission (hereinafter the TLC), who were peace officers (see CPL 2.10[27]), after they observed him change lanes without signaling. Upon being approached by the inspectors, the defendant attempted to drive away, but, after traveling a short distance, was subdued by his passenger. Upon stopping and exiting the vehicle, the defendant, while flailing his limbs and throwing punches and kicks into the air, knocked one of the inspectors to the ground, struck the other inspector in the eye, breaking the inspector's eyeglasses and, inter alia, fracturing the floor of his eye socket. The defendant was arrested and thereafter indicted on several charges, including assault in the second degree, assault in the third degree (two counts), resisting arrest, criminal mischief in the fourth degree, and menacing in the third degree. The defendant was convicted, after trial, of assault in the second degree, assault in the third degree, and resisting arrest, and sentenced to concurrent terms of imprisonment of one year on each count. The defendant failed to preserve for appellate review his contention that his convictions of assault in the second degree and assault in the third degree were not supported by legally sufficient evidence (see CPL 470.05[2]). In any event, 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 establish the defendant's guilt beyond a reasonable doubt as to all convictions. 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 NY3d 342, 348), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor (see ...
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