| People v Lucas |
| 2013 NY Slip Op 07504 [111 AD3d 763] |
| November 13, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Elijah Lucas, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Johnnette Traill, and Suzanne H. Sullivan of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Kron, J.), rendered February 24, 2011, convicting him of robbery in the second degree,criminal possession of stolen property in the fifth degree, and criminal possession of aweapon in the fourth degree, 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 inlight of certain alleged inconsistencies in the testimony of the People's witnesses. Infulfilling 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 neverthelessaccord great deference to the jury's opportunity to view the witnesses, hear the testimony,and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [2004], certdenied 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 againstthe weight of the evidence (seePeople v Romero, 7 NY3d 633 [2006]; People v Kinard, 96 AD3d 976 [2012]; People v Parris, 70 AD3d725, 727 [2010]).
The trial court improvidently exercised its discretion in admitting evidence of anuncharged crime (see People vRoss, 104 AD3d 878, 880 [2013]; People v Tucker, 102 AD2d 535,537-538 [1984]). Nonetheless, the error was harmless, as there was overwhelmingevidence of the defendant's guilt and no significant probability that the error contributedto his conviction (see People v Crimmins, 36 NY2d 230, 241-242 [1975]; People v Kirksey, 107 AD3d825 [2013]; People vRoss, 104 AD3d 878, 880 [2013]). Skelos, J.P., Dickerson, Hall and Miller, JJ.,concur.