People v Rosa, 2019 NY Slip Op 07296 [176 AD3d 878]

October 9, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Nathan Rosa, Appellant.

Stoll, Glickman & Bellina, LLP, Brooklyn, NY (Andrew B. Stoll of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Keith Dolan of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruth E. Shillingford, J.), rendered April 15, 2015, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

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, 348-349 [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]).

Further, contrary to the defendant’s contention, the prosecutor did not violate the trial court’s Molineux ruling in eliciting certain testimony from the victim’s friend ( see People v Molineux , 168 NY 264 [1901]; People v Gomez , 138 AD3d 1017, 1018 [2016]; People v Rock , 65 AD3d 558, 559 [2009]). Austin, J.P., Barros, Connolly and Iannacci, JJ., concur..