Opinion
2013-11-13
The PEOPLE, etc., respondent, v. Elijah LUCAS, appellant.
Steven Banks, New York, N.Y. (David Crow and Patterson Belknap Webb & Tyler LLP [Kelly Mauceri, Joshua Kipnees, and Kristen Richer], of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Suzanne H. Sullivan of counsel), for respondent.
Steven Banks, New York, N.Y. (David Crow and Patterson Belknap Webb & Tyler LLP [Kelly Mauceri, Joshua Kipnees, and Kristen Richer], of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Suzanne H. Sullivan of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered February 24, 2011, convicting him of robbery in the second degree, criminal possession of stolen property in the fifth degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the verdict was against the weight of the evidence in light of certain alleged inconsistencies in the testimony of the People's witnesses. 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 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,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;People v. Kinard, 96 A.D.3d 976, 946 N.Y.S.2d 504;People v. Parris, 70 A.D.3d 725, 727, 893 N.Y.S.2d 287).
The trial court improvidently exercised its discretion in admitting evidence of an uncharged crime ( see People v. Ross, 104 A.D.3d 878, 880, 961 N.Y.S.2d 299;People v. Tucker, 102 A.D.2d 535, 537–538, 477 N.Y.S.2d 386). Nonetheless, the error was harmless, as there was overwhelming evidence of the defendant's guilt and no significant probability that the error contributed to his conviction ( see People v. Crimmins, 36 N.Y.2d 230, 241–242, 367 N.Y.S.2d 213, 326 N.E.2d 787;People v. Kirksey, 107 A.D.3d 825, 966 N.Y.S.2d 682;People v. Ross, 104 A.D.3d 878, 880, 961 N.Y.S.2d 299).