SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
February 6, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
TRAVIOUS J. SMITH, DEFENDANT-APPELLANT.
Appeal from a judgment of the Monroe County Court (Frank P. Geraci, Jr., J.), rendered August 23, 2004. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree.
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.
PRESENT: SCUDDER, P.J., MARTOCHE, CENTRA, FAHEY, AND PERADOTTO, JJ.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
On appeal from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [former (2)]), defendant contends that the verdict is against the weight of the evidence. Viewing the evidence in light of the elements of the crime as charged to the jury (see People v Danielson, 9 NY3d 342, 349), we conclude that defendant's contention is without merit (see generally People v Bleakley, 69 NY2d 490, 495). We accord great deference to the jury's resolution of credibility issues (see People v Catlin, 41 AD3d 1199, 1200, lv denied 9 NY3d 873), and here "[t]he jury was entitled to credit the testimony of the witness who indicated that [she] observed defendant in possession of a loaded weapon and believed, under the circumstances, that defendant intended to use the weapon against another" (People v Hunter, 46 AD3d 1417, 1417, lv denied 10 NY3d 812). Finally, we conclude that the sentence is not unduly harsh or severe.
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