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PEOPLE v. BORNHOEFT

2006-08480.

2008 NY Slip Op 06459

THE PEOPLE, ETC., respondent, v. MICHAEL BORNHOEFT, appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 29, 2008.

Attorney(s) appearing for the Case

John P. Savoca, White Plains, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Daniel M. Reback of counsel), for respondent.

Before: STEVEN W. FISHER, J.P., DAVID S. RITTER, ANITA R. FLORIO, EDWARD D. CARNI, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see People v Danielson, 9 N.Y.3d 342; CPL 470.15[5]), 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 N.Y.3d 383

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