People v. Price

• Decision Date: 15 April 2015
• Citation: 127 A.D.3d 995,4 N.Y.S.3d 924 (Mem),2015 N.Y. Slip Op. 03189
• Parties: The PEOPLE, etc., respondent, v. Chris PRICE, appellant.
• Court: New York Supreme Court — Appellate Division

127 A.D.3d 995

4 N.Y.S.3d 924 (Mem)

2015 N.Y. Slip Op. 03189

The PEOPLE, etc., respondent

v.Chris PRICE, appellant.

Supreme Court, Appellate Division, Second Department, New York.

April 15, 2015.

Lynn W.L. Fahey, New York, N.Y. (Tammy Linn of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Jeanette Lifschitz, and Anastasia Spanakos of counsel), for respondent.

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered November 13, 2009, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the prosecution failed to adduce legally sufficient evidence of his identity as the perpetrator of the crime is unpreserved for appellate review (see CPL 470.05[2] ; People v. Warren, 50 A.D.3d 706, 707, 854 N.Y.S.2d 742 ; People v. McWilliams, 7 A.D.3d 543, 775 N.Y.S.2d 574 ). In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that, contrary to the defendant's contention, the evidence was legally sufficient to establish his identity as the man who robbed the victim at gunpoint. Moreover, 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, 348, 849 N.Y.S.2d 480, 880 N.E.2d 1 ; People v. Mitchell, 120 A.D.3d 1265, 992 N.Y.S.2d 112 ), 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 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 ; People v. Mitchell, 120 A.D.3d at 1265, 992 N.Y.S.2d 112 ). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence.

The trial court admitted into evidence a photograph posted on the defendant's web page approximately four months prior to the robbery, showing him holding a gun that was similar to the weapon used in the robbery. Contrary to the defendant's contention, the People laid a proper foundation for admission of the photograph, it was relevant to the issue of the defendant's identity as the gunman, and its probative value outweighed any...