| People v Lawson |
| 2014 NY Slip Op 01340 [114 AD3d 962] |
| February 26, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Calvin Lawson, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbartand Anne Grady of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County(Rooney, J.), rendered June 17, 2010, convicting him of murder in the second degree,upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that hisconviction was not supported by legally sufficient evidence (see People v Hawkins, 11NY3d 484 [2008]; CPL 470.05 [2]). In any event, viewing the evidence in the lightmost favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]),we find that it was legally sufficient to prove the defendant's guilt beyond a reasonabledoubt. Moreover in fulfilling our responsibility to conduct an independent review of theweight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 348 [2007]), we accordgreat deference to the jury's opportunity to view the witnesses, hear the testimony, andobserve demeanor (see People v Mateo, 2 NY3d 383 [2004], cert denied542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Uponreviewing the record here, we find that the verdict of guilt was not against the weight ofthe evidence (see People vRomero, 7 NY3d 633 [2006]).
Contrary to the defendant's contention, the Supreme Court properly denied hisrequest to charge the jury on assault in the second degree as a lesser-included count ofmurder in the second degree. A court is authorized to submit a lesser-included offense tothe jury "if there is a reasonable view of the evidence which would support a finding thatthe defendant committed such lesser offense but did not commit the greater" (CPL300.50 [1]; see People v Butler, 84 NY2d 627 [1994]; People vScarborough, 49 NY2d 364 [1980]). "If the record demonstrates . . .some . . . rational basis on which the jury might reasonably discredit theproof which would establish defendant's commission of the greater crime, yet accept thatof guilt of the lesser, then the statute compels submission of the lesser offense ifrequested" (People v Scarborough, 49 NY2d at 371). Examination of the recorddiscloses no reasonable view of the evidence which would support a finding that thedefendant committed the crime of assault in the second degree, but did not commit thecrime of murder in the second degree.
The Supreme Court did not improvidently exercise its discretion in admitting into[*2]evidence two crime scene photographs and 14autopsy photographs of the victim. The challenged photographs were neither excessivelygruesome nor introduced for the sole purpose of arousing the jurors' passions andprejudicing the defendant (see People v Wood, 79 NY2d 958, 960 [1992];People v Pobliner, 32 NY2d 356, 369-370 [1973], cert denied 416 US905 [1974]; People vHarrington, 88 AD3d 817 [2011]; People v Fletcher, 84 AD3d 1265, 1266 [2011]). Rather,they were relevant to a material issue at trial, and elucidated the testimony of the medicalexaminer regarding the cause of death (see People v Harrington, 88 AD3d 817 [2011]; People v Prowse, 60 AD3d703, 704 [2009]; People vAllan, 41 AD3d 727, 727-728 [2007]). Skelos, J.P., Chambers, Hall and Miller,JJ., concur.