Opinion
02-28-2024
The PEOPLE, etc., respondent, v. Sheldon COOPER, appellant.
Alex Smith, Middletown, NY, for appellant. David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent.
Alex Smith, Middletown, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent.
BETSY BARROS, J.P., CHERYL E. CHAMBERS, LARA J. GENOVESI, LOURDES M. VENTURA, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (Hyun Chin Kim, J.), rendered June 21, 2022, convicting him of criminal possession of a controlled substance in the third degree (three counts), criminal possession of a controlled substance in the fourth degree, and criminally using drug paraphernalia in the second degree (two counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
[1] 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 N.Y.3d 484, 492, 872 N.Y.S.2d 395, 900 N.E.2d 946). In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 982), 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 N.Y.3d 342, 348, 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; 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, 645–646, 826 N.Y.S.2d 163, 859 N.E.2d 902).
The defendant’s contention regarding the County Court’s Molineux ruling (see People v. Molineux, 168 N.Y. 264, 61 N.E. 286) is partially unpreserved for appellate review (see CPL 470.05[2]; People v. Torres, 96 A.D.3d,881, 881, 946 N.Y.S.2d 225). In any event, the defendant’s contention is without merit (see People v. Dorm, 12 N.Y.3d 16, 19, 874 N.Y.S.2d 866, 903 N.E.2d 268; People v. Bonich, 208 A.D.3d 679, 680, 171 N.Y.S.3d 910).
[2] Contrary to the defendant’s assertion, the County Court’s Sandoval ruling (see People v. Sandoval, 34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413) was a provident exercise of discretion, as it constituted an appropriate compromise which properly balanced the probative value of the proffered evidence against the prejudice to the defendant (see People v. Wynn, 208 A.D.3d 693, 694, 171 N.Y.S.3d 899; People v. Dudley, 203 A.D.3d 1066, 1067, 162 N.Y.S.3d 775).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
The defendant’s remaining contentions are partially unpreserved for appellate review and, in any event, without merit.
BARROS, J.P., CHAMBERS, GENOVESI and VENTURA, JJ„ concur.