| People v Browning |
| 2014 NY Slip Op 03097 [117 AD3d 1471] |
| May 2, 2014 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vDennis Browning, Appellant. |
Michael J. Stachowski, P.C., Buffalo (Michael J. Stachowski of counsel), fordefendant-appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Nicholas T. Texido of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.),rendered January 12, 2012. The judgment convicted defendant, upon a nonjury verdict,of criminal possession of a weapon in the second degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him, following anonjury trial, of criminal possession of a weapon in the second degree (Penal Law§ 265.03 [3]). Viewing the evidence in light of the elements of the crime inthis nonjury trial (see People vDanielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not againstthe weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495[1987]). We reject defendant's contention that County Court erred in admitting thetestimony of a police officer regarding the meaning of coded language used in a recordedconversation. Contrary to defendant's contention, expert testimony interpreting themeaning of words is not restricted to narcotics cases (see People v Inoa, 109 AD3d 765, 766 [2013]; People v Pendelton, 90 AD3d1234, 1235 n 2 [2011], lv denied 18 NY3d 996 [2012]), and the recordestablishes that the police officer was qualified to interpret the language based on hisexperience (see Matott v Ward, 48 NY2d 455, 459 [1979]; People v Wyant, 98 AD3d1277, 1277-1278 [2012]). Present—Smith, J.P., Fahey, Peradotto, Sconiersand Valentino, JJ.