The following excerpt is from People v. Calkins, 52 N.Y.S.3d 247 (Table) (N.Y. Cty. Ct. 2016):
Under a weight of the evidence analysis, the appellate court reviews whether the credible evidence would allow the court to conclude that a different finding would not have been unreasonable. If it concludes that a verdict of not guilty would not have been unreasonable, it then conducts an independent review and assessment of the evidence and a determination of whether the verdict was factually correct (People v. Howard, 132 AD3d 1266 [4th Dept.2015], citing People v. Bleakley 69 N.Y.2d 490, 495 [1987] ). If not convinced that the fact-finder "was justified in finding that guilt was proven beyond a reasonable doubt" (People v. Oberlander, 94 AD3d 1459, 1459 [4th Dept.2012] ) the court may acquit. In reviewing the evidence, however, great deference is to be accorded to the fact-finder's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v. Johnson, 140 AD3d 978, 979 [2nd Dept 2016] ).
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