| People v Boykin |
| 2018 NY Slip Op 01931 [159 AD3d 917] |
| March 21, 2018 |
| 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 Connie L. Boykin, Also Known as Connie Boykin, Appellant. |
John P. Savoca, Yorktown, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, NY (Andrew R. Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (Nicholas De Rosa, J.), rendered September 25, 2015, 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.
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, 348-349 [2007]), we 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]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt of criminal possession of a weapon in the third degree was not against the weight of the evidence (see CPL 470.15 [5]; People v Romero, 7 NY3d 633 [2006]). Contrary to the defendant's contention, his conduct was not consistent with innocent possession (see People v Banks, 76 NY2d 799, 800-801 [1990]; People v Rossi, 99 AD3d 947, 951 [2012], affd 24 NY3d 968 [2014]; People v Sheehan, 41 AD3d 335 [2007]; see also People v Williams, 50 NY2d 1043, 1044-1045 [1980]; People v Crawford, 96 AD3d 964 [2012]; People v Hawkins, 258 AD2d 472 [1999]). Moreover, the defendant's contention that the verdict was inconsistent and, thus, against the weight of the evidence, is without merit (see People v Kypri, 149 AD3d 980 [2017]; see also People v Almodovar, 62 NY2d 126, 130 [1984]; People v Messina, 209 AD2d 642, 643 [1994]). Dillon, J.P., Austin, Sgroi and Barros, JJ., concur.