Opinion
2012-02-7
The PEOPLE, etc., respondent, v. Herby DORCE, appellant.
Lynn W.L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Danielle Hartman of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Danielle Hartman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered September 17, 2009, convicting him of assault in the second degree (two counts), criminal possession of a weapon in the third degree, and criminal trespass in the third degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his convictions of assault in the second degree and criminal possession of a weapon in the third degree are based on legally insufficient evidence 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 932), we find that it was legally sufficient to establish the defendant's guilt of those counts beyond a reasonable doubt ( see People v. Chiddick, 8 N.Y.3d 445, 447–448, 834 N.Y.S.2d 710, 866 N.E.2d 1039; People v. Williams, 69 A.D.3d 662, 662–663, 892 N.Y.S.2d 478; People v. Rivera, 42 A.D.3d 587, 588–589, 838 N.Y.S.2d 727; People v. Rollins, 273 A.D.2d 159, 160, 712 N.Y.S.2d 7; People v. Sheppard, 202 A.D.2d 701, 702, 609 N.Y.S.2d 318). Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt of assault in the second degree and criminal possession of a weapon in the third degree 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; People v. Parris, 70 A.D.3d 725, 727, 893 N.Y.S.2d 287; People v. Williamson, 21 A.D.3d 575, 575–576, 799 N.Y.S.2d 618). Any inconsistencies or discrepancies in the police officer's testimony did not render his testimony incredible ( see People v. Middleton, 36 A.D.3d 941, 942, 828 N.Y.S.2d 565).