People v Dexter
2021 NY Slip Op 00669 [191 AD3d 1246]
February 5, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2021


[*1]
 The People of the State of New York, Respondent,
v
LeMorris Dexter, Appellant.

Frank H. Hiscock Legal Aid Society, Syracuse (Sara A. Goldfarb of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (Darienn P. Balin of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered September 8, 2017. The judgment convicted defendant, upon a jury verdict, of criminal possession of a forged instrument in the second degree and offering a false instrument for filing in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal possession of a forged instrument in the second degree (Penal Law § 170.25) and offering a false instrument for filing in the first degree (§ 175.35 [1]). We affirm.

Viewing the evidence independently and in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]; People v Beckwith, 182 AD3d 995, 995 [4th Dept 2020]), we reject defendant's contention that the verdict is against the weight of the evidence on the knowledge element of each crime (see People v Rice, 105 AD3d 1443, 1444 [4th Dept 2013], lv denied 21 NY3d 1076 [2013]; People v Moore, 41 AD3d 1202, 1203-1204 [4th Dept 2007], lv denied 9 NY3d 879 [2007]; see generally People v Silberzweig, 58 AD3d 762, 762-763 [2d Dept 2009], lv denied 12 NY3d 920 [2009]). Notably, defendant does not challenge the jury's determination that the People proved beyond a reasonable doubt that he filed a forged and false deed with intent to defraud (see generally Penal Law §§ 170.25, 175.35 [1]; People v Dallas, 46 AD3d 489, 491 [1st Dept 2007], lv denied 10 NY3d 809 [2008], denied reconsideration 10 NY3d 933 [2008]). We further note that the People's brief incorrectly states that, in conducting our weight of the evidence review, "[t]he jury's determinations should be given great weight . . . and should not be disturbed unless clearly unsupported by the record" (see People v Gant, 189 AD3d 2160, 2161 [4th Dept 2020], citing People v Sanchez, 32 NY3d 1021, 1022-1023 [2018]). The proper standard for conducting weight of the evidence review is set forth in People v Delamota (18 NY3d 107, 116-117 [2011]) and Danielson (9 NY3d at 349). Present—Smith, J.P., Lindley, NeMoyer, Curran and DeJoseph, JJ.