| People v Burwell |
| 2008 NY Slip Op 09612 [57 AD3d 555] |
| December 2, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v AlfredBurwell, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff, Richard Longworth Hecht,and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.),dated July 26, 2007, convicting him of criminal possession of a weapon in the third degree, upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellatereview (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19-20 [1995]). In anyevent, 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 guiltbeyond a reasonable doubt (see People vSmith, 16 AD3d 602 [2005]).
In fulfilling our responsibility to conduct an independent review of the weight of the evidence(see CPL 470.15 [5]; People vDanielson, 9 NY3d 342 [2007]), we nevertheless accord great deference to the jury'sopportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo,2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley,69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict ofguilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).[*2]
The defendant's contention that the Supreme Court did notprovide a meaningful response to a jury question is unpreserved for appellate review (see CPL470.05 [2]; People v Slacks, 90 NY2d 850 [1997]). In any event, the Supreme Courtresponded meaningfully to the note from the jury (see CPL 310.30; People v Malloy,55 NY2d 296 [1982], cert denied 459 US 847 [1982]; People v Hayes, 48 AD3d 831[2008]). Ritter, J.P., Florio, Miller and Dillon, JJ., concur.