| People v Crawford |
| 2012 NY Slip Op 05015 [96 AD3d 964] |
| June 20, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Donovan Crawford, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.),rendered May 10, 2011, convicting him of criminal possession of a weapon in the second degree,after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the People failed to produce legally sufficient evidence of hisguilt of criminal possession of a weapon in the second degree in light of his defense of temporaryinnocent possession, and that the verdict of guilt was against the weight of the evidence. Viewingthe evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620[1983]), we find that it was legally sufficient to establish the defendant's guilt beyond areasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review ofthe weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accordgreat deference to the factfinder's opportunity to view the witnesses, hear the testimony, andobserve demeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing therecord here, we are satisfied that the verdict of guilt was not against the weight of the evidence(see People v Romero, 7 NY3d633 [2006]). Contrary to the defendant's contention, his conduct was not consistent withinnocent possession (see generally People v Williams, 50 NY2d 1043, 1045 [1980]; People v Sooknanan, 92 AD3d810, 810 [2012], lv denied 18 NY3d 998 [2012]; People v Hawkins, 258AD2d 472, 472 [1999]). Rivera, J.P., Dickerson, Hall and Cohen, JJ., concur.