Opinion
2006-1812 K CR.
Decided December 2, 2009.
Appeal from a judgment of the Criminal Court of the City of New York, Kings County (William L. McGuire, Jr., J.), rendered September 19, 2006. The judgment convicted defendant, upon a jury verdict, of two counts of criminal possession of a weapon in the fourth degree.
ORDERED that the judgment of conviction is affirmed.
PRESENT: RIOS, J.P., PESCE and GOLIA, JJ.
Following a jury trial, defendant was convicted of two counts of criminal possession of a weapon in the fourth degree (Penal Law § 265.01). In fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15; People v Danielson, 9 NY3d 342), 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 our review of the record, we are satisfied that the verdict of guilt of two counts of criminal possession of a weapon in the fourth degree was not against the weight of the evidence ( see People v Romero, 7 NY3d 633). Further, contrary to defendant's contention, there is not a grave risk that an innocent person has been convicted. Accordingly, the judgment of conviction is affirmed.
Rios, J.P., Pesce and Golia, JJ., concur.