Opinion
2016–07891 Ind. No. 2215/12
09-19-2018
The PEOPLE, etc., respondent, v. Elvi PORTILLOAGUILAR, appellant.
Laurette D. Mulry, Riverhead, N.Y. (Louis E. Mazzola of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
Laurette D. Mulry, Riverhead, N.Y. (Louis E. Mazzola of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
SHERI S. ROMAN, J.P., SANDRA L. SGROI, JOSEPH J. MALTESE, HECTOR D. LASALLE, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (Stephen Braslow, J.), rendered June 28, 2016, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
There is no merit to the defendant's contention that the prosecution's failure to timely disclose the statements of two codefendants constituted a Brady violation (see Brady v. Maryland , 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 ) because there was no reasonable probability that, had the evidence been disclosed to the defense, the outcome of the trial would have been different (see People v. Fuentes , 12 N.Y.3d 259, 263, 879 N.Y.S.2d 373, 907 N.E.2d 286 ; People v. Hale , 143 A.D.3d 910, 910–911, 39 N.Y.S.3d 484 ).
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 it was legally sufficient to establish the defendant's guilt of murder in the second degree 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 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, 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 defendant's contention that he was deprived of a fair trial by the admission of evidence of certain uncharged crimes (see People v. Molineux , 168 N.Y. 264, 61 N.E. 286 ) is unpreserved for appellate review (see CPL 470.05[2] ) and, in any event, without merit.
The sentence imposed was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
ROMAN, J.P., SGROI, MALTESE and LASALLE, JJ., concur.