| People v Correa |
| 2011 NY Slip Op 07235 [88 AD3d 810] |
| October 11, 2011 |
| 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 Daniel A. Correa, Appellant. |
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Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for
respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered March 31, 2009, convicting him of murder in the second degree, criminal possession of a weapon in the second degree (two counts), and tampering with physical evidence, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
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]).
There is no merit to the defendant's contention that the County Court should have instructed the jury that a certain prosecution witness was an accomplice as a matter of law. " '[I]f the undisputed evidence establishes that a witness is an accomplice, the jury must be so instructed but, if different inferences may reasonably be drawn from the proof regarding complicity . . . the question should be left to the jury for its determination' " (People v Sweet, 78 NY2d 263, 266 [1991], quoting People v Basch, 36 NY2d 154, 157 [1975]). Here, since the evidence in this regard was susceptible of more than one interpretation, the County Court properly instructed the jury to determine whether the witness was an accomplice (see People v Besser, 96 NY2d 136, 147 [2001]; People v Cardona, 17 AD3d 692, 693 [2005]; People v Cirigliano, 15 AD3d 672, 673 [2005]).
The defendant's remaining contentions are without merit. Angiolillo, J.P., Dickerson, Chambers and Lott, JJ., concur.