People v. Jones

Full title: The People of the State of New York, respondent, v. Terrance Jones…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Nov 18, 2015

2015 N.Y. Slip Op. 8437 (N.Y. App. Div. 2015)

Opinion

2013-04672

11-18-2015

The People of the State of New York, respondent, v. Terrance Jones, appellant.

Lynn W. L. Fahey, New York, N.Y. (Denise A. Corsí of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Daniel Bresnahan, and Fred M. Wyshak of counsel), for respondent.

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

COLLEEN D. DUFFY

BETSY BARROS, JJ. (Ind. No. 2842/10)

Lynn W. L. Fahey, New York, N.Y. (Denise A. Corsí of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Daniel Bresnahan, and Fred M. Wyshak of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered January 11, 2013, convicting him of robbery in the third degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to support his convictions is unpreserved for appellate review (see CPL 470.05[2]; People v Hawkins, 11 NY3d 484, 492). In any event, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621), 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 (see CPL 470.15[5]; People v Danielson, 9 NY3d 342, 348-349), 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; 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, 644-645; People v Ward, 124 AD3d 809, 809-810; People v Oguntunji, 119 AD3d 712; People v Hundley, 114 AD3d 961, 961).

The defendant's remaining contention is without merit (see People v Riley, 123 AD3d 947, 949; People v Harvey, 117 AD3d 873, 875).

CHAMBERS, J.P., HALL, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court