People v Robinson, 2024 NY Slip Op 06617 [233 AD3d 1057]
December 24, 2024
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Michael Robinson, Appellant.
Geoffrey E. Chanin, Goshen, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Edward D. Saslaw of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (Craig Stephen Brown, J.), rendered May 4, 2017, convicting him of criminal possession of a weapon in the second degree and resisting arrest, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that he was deprived of a fair trial by certain remarks made by the prosecutor during opening statements, by the introduction of DNA evidence, and by the testimony of his accomplices is unpreserved for appellate review ( see CPL 470.05 [2]), and, in any event, without merit.
The defendant’s contention that the evidence was legally insufficient to support his convictions is only partially preserved for appellate review ( see id .). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v Contes , 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. 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 342 , 348 [2007]), 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]). Barros, J.P., Genovesi, Wan and Love, JJ., concur..