Opinion
02-03-2017
The PEOPLE of the State of New York, Respondent, v. Leevester L. PAYTON, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (William G. Pixley of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for respondent.
Timothy P. Donaher, Public Defender, Rochester (William G. Pixley of Counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon a jury verdict of assault in the second degree (Penal Law § 120.05[2] ). Contrary to defendant's contention, viewing the evidence in light of the elements of the crime as charged to the jury (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we conclude that the verdict is not against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ). "Any inconsistencies in the victim's testimony were highlighted by defense counsel, and the jury's resolution of credibility issues with respect to the testimony of the victim is entitled to great deference" (People v. DiTucci, 81 A.D.3d 1249, 1250, 916 N.Y.S.2d 424, lv. denied 17 N.Y.3d 794, 929 N.Y.S.2d 102, 952 N.E.2d 1097 ). Defendant further contends that County Court abused its discretion in admitting in evidence a crime scene video depicting the victim after the shooting because, although it concededly was relevant, it was highly prejudicial. We reject that contention (see People v. Stevens, 76 N.Y.2d 833, 835, 560 N.Y.S.2d 119, 559 N.E.2d 1278 ; People v. Pobliner, 32 N.Y.2d 356, 369–370, 345 N.Y.S.2d 482, 298 N.E.2d 637, rearg. denied 33 N.Y.2d 657, 348 N.Y.S.2d 1030, 303 N.E.2d 710, cert. denied 416 U.S. 905, 94 S.Ct. 1609, 40 L.Ed.2d 110 ; People v. Garcia, 143 A.D.3d 1283, 1283–1284, 39 N.Y.S.3d 572 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., SMITH, DeJOSEPH, CURRAN, and SCUDDER, JJ., concur.