| People v Gibbs |
| 2014 NY Slip Op 05651 [120 AD3d 510] |
| August 6, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Bryant Gibbs, Appellant. |
Seymour W. James, Jr., New York, N.Y. (Michelle Fox and David Crow of counsel),for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, CamilleO'Hara Gillespie, and Claibourne Henry of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (DelGiudice, J.), rendered January 5, 2012, convicting him of criminal possession of aweapon in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
There is no merit to the defendant's contention that he was deprived of a fair trial bythe Supreme Court's grant of the People's request to hold an independent source hearingafter jury selection. Although the defendant had a right to a determination of a pretrialmotion prior to the commencement of trial (see CPL 710.40 [3]), he waived thisright by consenting to the court's deviation from the statutory procedure (see People vYousef, 236 AD2d 868, 869 [1997]; People v Ramirez, 229 AD2d 452, 452[1996]; People v Orkabi, 160 AD2d 644, 645 [1990]).
Upon our independent review of the evidence pursuant to CPL 470.15 (5), we aresatisfied 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, the Supreme Court did not improperlysentence him based on the offenses of which his codefendant was convicted (see People v McGrath, 20AD3d 574, 575 [2005]; see also People v Forde, 120 AD3d 509 [2014] [decided herewith]). Moreover, the sentence imposed was not impropermerely because it exceeded a pretrial plea offer (see People v Johnson, 76 AD3d 1103, 1104-1105 [2010]),and the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Hall, J.P., Roman, Duffy and LaSalle, JJ., concur.