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People v. David

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


September 15, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
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[5]; 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.

20090915

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