Opinion
5930 Ind. 3065/11
03-08-2018
The PEOPLE of the State of New York, Respondent, v. Keon SMITH, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Mitchell J. Briskey of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Mitchell J. Briskey of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.
Renwick, J.P., Richter, Andrias, Kapnick, Kahn, JJ.
Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered July 26, 2012 convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree and unlawful possession of marijuana, and sentencing him to a term of six years and a $25 fine, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007]. There is no basis for disturbing the jury's credibility determinations. The police account of the incident was not so implausible as to require a different conclusion (see e.g. People v. Lewis, 136 A.D.3d 468, 24 N.Y.S.3d 504 [1st Dept. 2016], lv denied 27 N.Y.3d 1001, 38 N.Y.S.3d 111, 59 N.E.3d 1223 [2016] ), and the absence of any DNA from defendant on the pistol at issue was sufficiently explained.