People v Diaz-Olmo, 2017 NY Slip Op 02054 [148 AD3d 1047]

March 22, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Andres Diaz-Olmo, Appellant.

Lynn W. L. Fahey, New York, NY (Anna Pervukhin of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Joyce Adolfsen of counsel; Marina Dimitry on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Shillingford, J.), rendered July 23, 2014, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v Contes , 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt ( see People v Danielson , 9 NY3d 342 , 349 [2007]; People v Perry , 122 AD3d 775 [2014]; People v Kenner , 77 AD3d 853 [2010]; People v Wade , 41 AD3d 288 [2007]). Moreover, 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 at 348), 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]; 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]). Austin, J.P., Miller, LaSalle and Connolly, JJ., concur..