| People v Robinson |
| 2011 NY Slip Op 04502 [84 AD3d 1277] |
| May 24, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Dequan Robinson, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Keith Dolan, andJordan W. Rossman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Konviser,J.), rendered August 3, 2009, convicting him of criminal possession of a weapon in the seconddegree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the verdict was against the weight of the evidence. In fulfillingour responsibility to conduct an independent review of the weight of the evidence (seeCPL 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 (seePeople v Romero, 7 NY3d 633 [2006]). Any inconsistencies in the identification witnesses'testimony were not of such magnitude as to render their testimony incredible or unreliable(see People v Scipio, 61 AD3d 899 [2009]; People v Almonte, 23 AD3d 392, 393[2005]).
Contrary to the defendant's contention, the Supreme Court did not impermissibly punish himfor exercising his right to proceed with trial by imposing a sentence of 10 years of imprisonmentafter he rejected a plea offer of two years (see People v Melendez, 71 AD3d 1166, 1167[2010]; People v Zurita, 64 AD3d 800, 801 [2009]; People v Davis, 27 AD3d761, 762 [2006]; People v Carillo, 297 AD2d 288, 289 [2002]; cf. People vSimmons, 29 AD3d 1024, 1025 [2006]; People v Morton, 288 AD2d 557, 559[2001], cert denied 537 US 860 [2002]; People v Cosme, 203 AD2d 375, 376[1994]). Moreover, the sentence imposed was not excessive (see People v Maldonado,205 AD2d 933, 934 [1994]; People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P.,Leventhal, Austin and Cohen, JJ., concur.