| People v Lewis |
| 2012 NY Slip Op 04779 [96 AD3d 878] |
| June 13, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Moriyah Lewis, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Keith Dolan, andAllison Ageyeva of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.),rendered September 14, 2010, 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's specific contention regarding the legal sufficiency of the evidence that thegun he was charged with having possessed was operable is not preserved for appellate reviewbecause the defendant failed to move for a trial order of dismissal on the basis of that specificclaim (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 492 [2008]; People v Edwards, 81 AD3d 848[2011]; People v Hutchinson, 57AD3d 565, 566 [2008]; People vBailey, 19 AD3d 431, 431-432 [2005]). In any event, viewing the evidence in the lightmost favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we findthat it was legally sufficient to establish the defendant's guilt of criminal possession of a weaponin the second degree beyond a reasonable doubt (see Penal Law § 265.03 [1] [b];People v Cavines, 70 NY2d 882 [1987]; People v Benjamin, 24 AD3d 565 [2005]; Matter of Shallany S., 11 AD3d414 [2004]; People v Velez, 278 AD2d 53 [2000]; People v Blake, 172AD2d 1027 [1991]; People v Francis, 126 AD2d 740 [1987]; cf. People v Brun, 58 AD3d 862,864-865 [2009], revd 15 NY3d 875 [2010]).
Moreover, in fulfilling our responsibility to conduct an independent review 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]).
Finally, contrary to the defendant's contention, the Supreme Court did not err in granting thePeople's request to dismiss the lesser-included offense of criminal possession of a weapon in thefourth degree since there was no reasonable view of the evidence that the defendant committedthe lesser, but not the greater, offense (see People v Melendez, 71 AD3d 1166, 1167 [2010]; People v Tillery, 60 AD3d 1203,1205-1206 [2009]). Skelos, J.P., Balkin, Leventhal and Roman, JJ., concur.