Opinion
2014-07705
03-22-2017
The People of the State of New York, respondent, v. Andres Diaz-Olmo, appellant.
Lynn W. L. Fahey, New York, NY (Anna Pervukhin of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Joyce Adolfsen of counsel; Marina Dimitry on the brief), for respondent.
ROBERT J. MILLER HECTOR D. LASALLE FRANCESCA E. CONNOLLY, JJ. (Ind. No. 2601/12)
Lynn W. L. Fahey, New York, NY (Anna Pervukhin of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Joyce Adolfsen of counsel; Marina Dimitry on the brief), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Shillingford, J.), rendered July 23, 2014, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see People v Danielson, 9 NY3d 342, 349; People v Perry, 122 AD3d 775; People v Kenner, 77 AD3d 853; People v Wade, 41 AD3d 288). 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 NY3d at 348), 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 NY3d 383, 410; People v Bleakley, 69 NY2d 490, 495). 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 NY3d 633).
AUSTIN, J.P., MILLER, LASALLE and CONNOLLY, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court