SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
September 15, 2009
THE PEOPLE, ETC., RESPONDENT,
SERGIO DAVID, APPELLANT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J.), rendered January 31, 2007, convicting him of criminal possession of a weapon in the third degree and unlawful possession of marijuana, upon a jury verdict, and imposing sentence.
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.
WILLIAM F. MASTRO, J.P., FRED T. SANTUCCI, RANDALL T. ENG & PLUMMER E. LOTT, JJ.
(Ind. No. 5335/05)
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant contends that the verdict convicting him of, inter alia, criminal possession of a weapon in the third degree, was against the weight of the evidence. In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPLR 470.15; People v Danielson, 9 NY3d 342), 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, cert denied 542 US 946; People v Bleakley, 69 NY2d 490, 495). 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).
MASTRO, J.P., SANTUCCI, ENG and LOTT, JJ., concur.
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