Opinion
625 KA 19-01451
06-17-2021
The PEOPLE of the State of New York, Respondent, v. Vladimir BROWN, Defendant-Appellant.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( J. SCOTT PORTER OF COUNSEL), FOR DEFENDANT-APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE ( BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( J. SCOTT PORTER OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE ( BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CARNI, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of two counts of criminal possession of a weapon in the second degree ( Penal Law § 265.03 [1] [b] ; [3]), one count of concealment of a human corpse (§ 195.02), and one count of tampering with physical evidence (§ 215.40 [2]). We affirm.
Viewing the evidence in light of the elements of the crimes as charged to the jury ( see People v. Danielson , 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ), we reject defendant's contention that the verdict is against the weight of the evidence ( see generally People v. Bleakley , 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). Contrary to defendant's further contention, County Court legally imposed consecutive sentences on the count of concealment of a human corpse and the count of tampering with physical evidence ( see generally People v. Couser , 28 N.Y.3d 368, 376, 45 N.Y.S.3d 301, 68 N.E.3d 26 [2016] ). The sentence is not unduly harsh or severe. Defendant's remaining contentions are unpreserved for appellate review ( see CPL 470.05 [2] ), and we decline to exercise our power to review them as a matter of discretion in the interest of justice ( see CPL 470.15 [3] [c] ).