| People v Speights |
| 2008 NY Slip Op 08927 [56 AD3d 1232] |
| November 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Nathan T.Speights, Appellant. |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White of counsel), forrespondent.
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), renderedNovember 23, 2005. The judgment convicted defendant, upon a jury verdict, of criminalpossession of a weapon in the second degree.
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 ofcriminal possession of a weapon in the second degree (Penal Law § 265.03 [former (2)]).Viewing the evidence in the light most favorable to the People (see People v Contes, 60NY2d 620, 621 [1983]), we conclude that it is legally sufficient to support the conviction (seegenerally People v Bleakley, 69 NY2d 490, 495 [1987]). We reject defendant's contentionthat the verdict is against the weight of the evidence. "Where, as here, witness credibility is ofparamount importance to the determination of guilt or innocence, [we] must give '[g]reatdeference . . . [to the] fact-finder's opportunity to view the witnesses, hear thetestimony and observe demeanor' " (People v Harris, 15 AD3d 966, 967 [2005], lv denied 4NY3d 831 [2005], quoting Bleakley, 69 NY2d at 495). It was for the jury to determinewhether to credit the testimony of the eyewitnesses and defendant's fellow inmate, and we see noreason to disturb the jury's credibility determination (see id.). Present—Centra,J.P., Fahey, Peradotto, Green and Gorski, JJ.