| People v Whitney |
| 2012 NY Slip Op 03865 [95 AD3d 1147] |
| May 15, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Edward Whitney, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and RichardLongworth Hecht of counsel; Frank Marallo on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County(Wetzel, J.), rendered May 7, 2010, convicting him of criminal possession of a weapon in thethird degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People vContes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to support thedefendant's conviction of criminal possession of a weapon in the third degree. Additionally, infulfilling 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 vMateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]; People vBleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied thatthe verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633[2006]).
The defendant's challenge to certain supplemental jury instructions is unpreserved forappellate review (see CPL 470.05 [2]; People v Hyland, 45 AD3d 781 [2007]; People v Lewis,247 AD2d 555 [1998]). In any event, the Supreme Court responded meaningfully to the jury'sinquiries (see People v Almodovar, 62 NY2d 126, 131 [1984]; People v Malloy,55 NY2d 296, 301-303 [1982], cert denied 459 US 847 [1982]; People v Hayes, 48 AD3d 831[2008]), and its response, which was in complete accord with defense counsel's suggestions, didnot prejudice the defendant. Skelos, J.P., Florio, Belen and Sgroi, JJ., concur.