| People v Rivera |
| 2010 NY Slip Op 08603 [78 AD3d 969] |
| November 16, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Alexander Rivera, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C.Abbot, and Danielle S. Fenn of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum,J.), rendered July 29, 2008, convicting him of criminal possession of a weapon in the seconddegree, reckless endangerment in the first degree, criminal possession of a weapon in the thirddegree (two counts), and unlawful possession of marijuana, upon a jury verdict, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his challenge to the legal sufficiency ofthe identification evidence (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 493 [2008]). In any event,viewing the evidence in the light most favorable to the prosecution (see People v Contes,60 NY2d 620 [1983]), we find that the evidence was legally sufficient to establish the defendant'sidentity as the shooter.
Moreover, in fulfilling our responsibility to conduct an independent review of the weight ofthe evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accordgreat deference to the jury's opportunity to view the witnesses, hear the testimony, and observedemeanor (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 of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633[2006]). Mastro, J.P., Balkin, Eng and Hall, JJ., concur.