Opinion
2012-06-20
The PEOPLE, etc., respondent, v. Donovan CRAWFORD, appellant.
Yasmin Daley Duncan, Brooklyn, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Yasmin Daley Duncan, Brooklyn, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered May 10, 2011, convicting him of criminal possession of a weapon in the second degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the People failed to produce legally sufficient evidence of his guilt of criminal possession of a weapon in the second degree in light of his defense of temporary innocent possession, and that the verdict of guilt was against the weight of the evidence. Viewing the evidence in the light most favorable to the People ( see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( seeCPL 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,cert. denied 542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828;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). Contrary to the defendant's contention, his conduct was not consistent with innocent possession ( see generally People v. Williams, 50 N.Y.2d 1043, 1045, 431 N.Y.S.2d 698, 409 N.E.2d 1372;People v. Sooknanan, 92 A.D.3d 810, 810, 938 N.Y.S.2d 467,lv. denied18 N.Y.3d 998, 945 N.Y.S.2d 653, 968 N.E.2d 1009;People v. Hawkins, 258 A.D.2d 472, 472, 685 N.Y.S.2d 253).