People v Griffin
2021 NY Slip Op 05238 [198 AD3d 1333]
October 1, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 1, 2021


[*1]
 The People of the State of New York, Respondent,
v
Darrell J. Griffin, Appellant.

Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Derek Harnsberger of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (Victoria M. Argento, J.), rendered December 15, 2016. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice by reducing the sentence imposed for criminal possession of a weapon in the second degree under count one of the indictment to a determinate term of imprisonment of six years and a period of postrelease supervision of 21/2 years and by reducing the sentence imposed for criminal possession of a weapon in the third degree under count two of the indictment to an indeterminate term of imprisonment of 2 to 6 years and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a weapon (CPW) in the second degree (Penal Law § 265.03 [3]) and CPW in the third degree (§ 265.02 [3]). 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]). However, we agree with defendant that the sentence is unduly harsh and severe. Thus, as a matter of discretion in the interest of justice, we modify the judgment by reducing the sentence imposed for CPW in the second degree under count one of the indictment to a determinate term of imprisonment of six years and a period of postrelease supervision of 21/2 years and by reducing the sentence imposed for CPW in the third degree under count two of the indictment to an indeterminate term of imprisonment of 2 to 6 years (see CPL 470.15 [6] [b]). Present—Smith, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.