People v. Jones, 2012-11310, Ind. No. 296/11.
| Court | New York Supreme Court Appellate Division |
| Citation | 30 N.Y.S.3d 329,2016 N.Y. Slip Op. 03195,138 A.D.3d 1144 |
| Docket Number | 2012-11310, Ind. No. 296/11. |
| Parties | The PEOPLE, etc., respondent, v. William JONES, appellant. |
| Decision Date | 27 April 2016 |
138 A.D.3d 1144
30 N.Y.S.3d 329
2016 N.Y. Slip Op. 03195
The PEOPLE, etc., respondent,
v.
William JONES, appellant.
2012-11310, Ind. No. 296/11.
Supreme Court, Appellate Division, Second Department, New York.
April 27, 2016.
Lynn W.L. Fahey, New York, N.Y. (Denise A. Corsí of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Anne Grady of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., THOMAS A. DICKERSON, JEFFREY A. COHEN, and SYLVIA O. HINDS–RADIX, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Collini, J.), rendered December 12, 2012, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
To the extent the defendant contends that the People did not present legally sufficient evidence that the gun he was charged with having possessed was operable, viewing the evidence in the light most favorable to the prosecution (see People
v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that the evidence was legally sufficient to establish the defendant's guilt of criminal possession of a weapon in the second degree beyond a reasonable doubt (see Penal Law § 265.03[3] ; People v. Samba, 97 A.D.3d 411, 414–415, 948 N.Y.S.2d 58 ; People v. Edwards, 81 A.D.3d 848, 848–849, 916 N.Y.S.2d 237 ; People v. Moore, 303 A.D.2d 691, 692, 757 N.Y.S.2d 78 ; People v. D'Amico, 261 A.D.2d 635, 691 N.Y.S.2d 778 ; People v. Solis, 214 A.D.2d 689, 689, 625 N.Y.S.2d 591 ; People v. Temple, 165 A.D.2d 748, 749, 564 N.Y.S.2d 271 ). Furthermore, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5] ; People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we nevertheless accord great deference to the factfinder's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v. Mateo, 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053 ; People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ). 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 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902 ). The fact that one of the People's witnesses had an unsavory background and testified pursuant to a cooperation agreement did not render his testimony incredible (see People v. Bernard, 100 A.D.3d 916, 916–917, 954 N.Y.S.2d 209 ; People v. Lucien Chin, 69 A.D.3d 752, 752–753, 897 N.Y.S.2d 106 ; People v. Manley, 60 A.D.3d 870, 870, 875 N.Y.S.2d 542 ).
The defendant's contentions that the Supreme Court erred in giving the jury a “diluted” charge on...
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