Opinion
No. KA 05-00426.
February 6, 2009.
Appeal from a judgment of the Monroe County Court (Frank P Geraci, Jr., J.), rendered August 23, 2004. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (WILLIAM CLAUSS OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (WENDY EVANS LEHMANN OF COUNSEL), FOR RESPONDENT.
Present: Scudder, P.J., Martoche, Centra, Fahey and Peradotto, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [former (2)]), defendant contends that the verdict is against the weight of the evidence. Viewing the evidence in light of the elements of the crime as charged to the jury ( see People v Danielson, 9 NY3d 342, 349), we conclude that defendant's contention is without merit ( see generally People v Bleakley, 69 NY2d 490, 495). We accord great deference to the jury's resolution of credibility issues ( see People v Catlin, 41 AD3d 1199, 1200, lv denied 9 NY3d 873), and here "[t]he jury was entitled to credit the testimony of the witness[] who indicated that [she] observed defendant in possession of a loaded weapon and believed, under the circumstances, that defendant intended to use the weapon against another" ( People v Hunter, 46 AD3d 1417, 1417, lv denied 10 NY3d 812). Finally, we conclude that the sentence is not unduly harsh or severe.