Opinion
03-06-2024
The PEOPLE, etc., respondent, v. Akia WASHINGTON, appellant.
Patricia Pazner, New York, NY (Brian Perbix and Martin Sawyer of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Danielle S. Fenn, Katira D. Campos, and Jacob Bentley of counsel), for respondent.
Patricia Pazner, New York, NY (Brian Perbix and Martin Sawyer of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Danielle S. Fenn, Katira D. Campos, and Jacob Bentley of counsel), for respondent.
BETSY BARROS, J.P., CHERYL E. CHAMBERS, DEBORAH A. DOWLING, BARRY E. WARHIT, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Evelyn L. Braun, J.), rendered October 25, 2019, convicting her of criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
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 it was legally sufficient to establish the defendant’s guilt of criminal possession of a weapon in the fourth degree beyond a reasonable doubt (see People v. Smith, 16 A.D.3d 602, 792 N.Y.S.2d 155; People v. Martino, 112 A.D.2d 1049, 493 N.Y.S.2d 36). Moreover, in fillfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5]; People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1), we nevertheless accord great deference to the factfinder’s opportunity to view the witnesses, hear the testimony and observe demeanor (see People v. Mateo, 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053; People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Upon reviewing the record here, 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, 826 N.Y.S.2d 163, 859 N.E.2d 902).
BARROS, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.