People v Walters
2011 NY Slip Op 09357 [90 AD3d 958]
December 20, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


The People of the State of New York, Respondent,
v
Ricardo Walters, Appellant.

—[*1] Gail Gray, New York, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Sarah S. Rabinowitz of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Nassau County (McCormack, J.), rendered January 13, 2009, convicting him of robbery in the first degree (four counts), sexual abuse in the first degree (four counts), criminal sexual act in the first degree (two counts), rape in the first degree, kidnapping in the second degree, and attempted kidnapping in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that he was deprived of the effective assistance of counsel by virtue of his attorney's failure to assert certain arguments in challenging the People's motion to consolidate the indictments is without merit. The evidence established that the defendant's counsel provided meaningful representation in opposing the motion (see People v Henry, 95 NY2d 563, 565 [2000]; People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d 137, 146-147 [1981]).

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 [2007]), 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 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). 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 [2006]).

The defendant's contention that the sentencing court improperly relied on uncharged and unproven allegations is unpreserved for appellate review (see CPL 470.05 [2]), and, in any event, is without merit (see People v Hansen, 99 NY2d 339, 345-346 [2003]; People v Baez, 52 AD3d 840 [2008]). Dillon, J.P., Angiolillo, Dickerson and Hall, JJ., concur.

[As amended by unreported motion dated Mar. 2, 2012, see 2012 NY Slip Op 66225(U).]