People v Brown
2021 NY Slip Op 03970 [195 AD3d 1577]
June 17, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 4, 2021


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

Frank H. Hiscock Legal Aid Society, Syracuse (J. Scott Porter of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (Bradley W. Oastler of counsel), for respondent.

Appeal from a judgment of the Onondaga County Court (Thomas J. Miller, J.), rendered March 8, 2019. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree (two counts), concealment of a human corpse and tampering with physical evidence.

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 two counts of criminal possession of a weapon in the second degree (Penal Law § 265.03 [1] [b]; [3]), one count of concealment of a human corpse (§ 195.02), and one count of tampering with physical evidence (§ 215.40 [2]). We affirm.

Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we reject defendant's contention that the verdict is against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Contrary to defendant's further contention, County Court legally imposed consecutive sentences on the count of concealment of a human corpse and the count of tampering with physical evidence (see generally People v Couser, 28 NY3d 368, 376 [2016]). The sentence is not unduly harsh or severe. Defendant's remaining contentions are unpreserved for appellate review (see CPL 470.05 [2]), and we decline to exercise our power to review them as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]). Present—Smith, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.