People v Bessard
2011 NY Slip Op 00526 [80 AD3d 773]
January 25, 2011
Appellate Division, Second Department
As corrected through Wednesday, March 9, 2011


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

[*1]Lynn W.L. Fahey, New York, N.Y. (Melissa S. Horlick of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, andBruce Alderman of counsel; Leah Rabinowitz on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.),rendered July 18, 2008, convicting him of criminal possession of a controlled substance in thefifth 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 theevidence (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]). Any inconsistencies in the police officers' testimony and police paperwork were not ofsuch magnitude as to render their testimony incredible or unreliable (see People v Scipio, 61 AD3d 899[2009]; People v Sepulveda, 59AD3d 641, 642 [2009]; People vMiddleton, 36 AD3d 941, 942 [2007]).

The defendant's remaining contention is without merit (see People v Miller, 282AD2d 550, 551 [2001]; People v Nelson, 189 AD2d 828, 829 [1993]). Rivera, J.P.,Leventhal, Sgroi and Miller, JJ., concur.


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