| People v Burwell |
| 2008 NY Slip Op 09612 [57 AD3d 555] |
| December 2, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Alfred Burwell, Appellant. |
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Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff, Richard Longworth Hecht,
and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), dated July 26, 2007, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19-20 [1995]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see People v Smith, 16 AD3d 602 [2005]).
In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), 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 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). 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 NY3d 633 [2006]). [*2]
The defendant's contention that the Supreme Court did not provide a meaningful response to a jury question is unpreserved for appellate review (see CPL 470.05 [2]; People v Slacks, 90 NY2d 850 [1997]). In any event, the Supreme Court responded meaningfully to the note from the jury (see CPL 310.30; People v Malloy, 55 NY2d 296 [1982], cert denied 459 US 847 [1982]; People v Hayes, 48 AD3d 831 [2008]). Ritter, J.P., Florio, Miller and Dillon, JJ., concur.