Opinion
2015–10022 Ind.No. 14–00702
03-21-2018
The PEOPLE, etc., respondent, v. Connie L. BOYKIN, also known as Connie Boykin, appellant.
John P. Savoca, Yorktown, NY, for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Andrew R. Kass of counsel), for respondent.
John P. Savoca, Yorktown, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, N.Y. (Andrew R. Kass of counsel), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, SANDRA L. SGROI, BETSY BARROS, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (Nicholas De Rosa, J.), rendered September 25, 2015, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
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, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we 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 ). Upon reviewing the record here, we are satisfied that the verdict of guilt of criminal possession of a weapon in the third degree was not against the weight of the evidence (see CPL 470.15[5] ; 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 People v. Banks, 76 N.Y.2d 799, 800–801, 559 N.Y.S.2d 959, 559 N.E.2d 653 ; People v. Rossi, 99 A.D.3d 947, 951, 952 N.Y.S.2d 285, affd 24 N.Y.3d 968, 995 N.Y.S.2d 692, 20 N.E.3d 637 ; People v. Sheehan, 41 A.D.3d 335, 838 N.Y.S.2d 83 ; see also People v. Williams, 50 N.Y.2d 1043, 1044–1045, 431 N.Y.S.2d 698, 409 N.E.2d 1372 ; People v. Crawford, 96 A.D.3d 964, 946 N.Y.S.2d 511 ; People v. Hawkins, 258 A.D.2d 472, 685 N.Y.S.2d 253 ). Moreover, the defendant's contention that the verdict was inconsistent and, thus, against the weight of the evidence, is without merit (see People v. Kypri, 149 A.D.3d 980, 50 N.Y.S.3d 308 ; see also People v. Almodovar, 62 N.Y.2d 126, 130, 476 N.Y.S.2d 95, 464 N.E.2d 463 ; People v. Messina, 209 A.D.2d 642, 643, 619 N.Y.S.2d 135 ).
DILLON, J.P., AUSTIN, SGROI and BARROS, JJ., concur.