Opinion
01-11-2017
The PEOPLE, etc., respondent, v. Robert FILER, appellant.
Mischel & Horn, P.C., New York, NY (Richard E. Mischel and Gail Jacobs of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Jonathan V. Brewer of counsel), for respondent.
Mischel & Horn, P.C., New York, NY (Richard E. Mischel and Gail Jacobs of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Jonathan V. Brewer of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered July 14, 2014, convicting him of criminal possession of a weapon in the second degree (two counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
To the extent the defendant contends that the People did not present legally sufficient evidence that the gun he was charged with having possessed was operable, 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 the evidence was legally sufficient to establish the defendant's guilt of two counts of criminal possession of a weapon in the second degree beyond a reasonable doubt (see Penal Law § 265.03[1][b], [3] ; People v. Cavines, 70 N.Y.2d 882, 883, 524 N.Y.S.2d 178, 518 N.E.2d 1170 ; People v. Jones, 138 A.D.3d 1144, 1144, 30 N.Y.S.3d 329 ; People v. Bailey, 19 A.D.3d 431, 432, 796 N.Y.S.2d 401 ). Furthermore, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5] ), 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, 643, 826 N.Y.S.2d 163, 859 N.E.2d 902 ).
The defendant's contention that the Supreme Court failed to adequately instruct the jury on the definition of "loaded," as it applied to the black powder revolver at issue herein, is without merit. The court's charge mirrored the language of the New York Criminal Jury Instructions (CJI2d[NY] Penal Law § 265.03[1][b] ; [3] ) and, considered in its entirety, properly conveyed to the jury the correct principles to be applied in evaluating the evidence before it (see People v. Davis, 103 A.D.3d 810, 812–813, 962 N.Y.S.2d 174 ; People v. Sadian, 81 A.D.3d 987, 987–988, 917 N.Y.S.2d 586 ; People v. Stallings, 54 A.D.3d 1064, 1064, 866 N.Y.S.2d 206 ; People v. Lugo, 161 A.D.2d 122, 123, 554 N.Y.S.2d 849 ).
Moreover, viewing the record as a whole, the defendant was not deprived of the effective assistance of counsel, as defense counsel provided meaningful representation (see People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584 ; People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400 ; People v. Casseus, 120 A.D.3d 828, 829, 991 N.Y.S.2d 147 ; People v. Illescas, 87 A.D.3d 699, 700, 928 N.Y.S.2d 762 ; cf. People v. Gordian, 99 A.D.3d 538, 538, 952 N.Y.S.2d 46 ).
RIVERA, J.P., AUSTIN, COHEN and BRATHWAITE NELSON, JJ., concur.