People v Flagg |
2009 NY Slip Op 00859 [59 AD3d 1003] |
February 6, 2009 |
Appellate Division, Fourth Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Jauqere Flagg, Appellant. |
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William J. Fitzpatrick, District Attorney, Syracuse (Matthew H. James of counsel), for respondent.
Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered April 6, 2006. The judgment convicted defendant, upon a jury verdict, of assault in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him as a juvenile offender
upon a jury verdict of assault in the first degree (Penal Law § 120.10 [1]). Viewing the
evidence in light of the elements of the crime as charged to the jury (see People v Danielson, 9 NY3d
342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence
(see generally People v Bleakley, 69 NY2d 490, 495 [1987]). "Where, as here, witness
credibility is of paramount importance to the determination of guilt or innocence, [we] must give
'[g]reat deference . . . [to the] fact-finder's opportunity to view the witnesses, hear
the testimony and observe demeanor' " (People v Harris, 15 AD3d 966, 967 [2005], lv denied 4
NY3d 831 [2005], quoting Bleakley, 69 NY2d at 495). It was for the jury to determine
whether to credit the victim's testimony, and we see no reason to disturb the jury's credibility
determination (see id.). The sentence is not unduly harsh or severe. We note, however,
that the certificate of conviction incorrectly reflects that defendant was sentenced to an
indeterminate term of incarceration of 3½ to 10 years, and it must therefore be amended to
reflect that he was sentenced to an indeterminate term of incarceration of 3