People v David
2009 NY Slip Op 06568 [65 AD3d 1163]
September 15, 2009
Appellate Division, Second Department
As corrected through Wednesday, November 4, 2009


The People of the State of New York,Respondent,
v
Sergio David, Appellant.

[*1]Pollard & Koenig, New York, N.Y. (James Layton Koenig of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort,and Bruce Alderman of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (DelGiudice, J.), rendered January 31, 2007, convicting him of criminal possession of a weapon inthe third degree and unlawful possession of marijuana, upon a jury verdict, and imposingsentence.

Ordered that the judgment is affirmed.

The defendant contends that the verdict convicting him of, inter alia, criminal possession of aweapon in the third degree, was against the weight of the evidence. In fulfilling ourresponsibility to conduct an independent review of the weight of the evidence (see CPL470.15 [5]; People v Danielson, 9NY3d 342 [2007]), we nevertheless accord great deference to the jury's opportunity to viewthe witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d383, 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt wasnot against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Mastro, J.P., Santucci,Eng and Lott, JJ., concur.


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