| People v Walton |
| 2015 NY Slip Op 01479 [125 AD3d 900] |
| February 18, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Reginald Walton, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), forappellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Johnnette Traill, William H. Branigan, and Michelle Witten of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Griffin, J.), rendered December 20, 2012, convicting him of burglary in the seconddegree and criminal mischief in the fourth degree, upon a jury verdict, and imposingsentence.
Ordered that the judgment is affirmed.
In fulfilling our responsibility to conduct an independent review of the weight of theevidence (see CPL 470.15 [5]), we nevertheless accord great deference to thejury's opportunity to view the witnesses, hear the testimony, and observe demeanor(see People v Mateo, 2 NY3d 383, 410 [2004]; People v Bleakley, 69NY2d 490, 495 [1987]; see alsoPeople v Romero, 7 NY3d 633 [2006]). The fact that the defendant wasacquitted on the counts of grand larceny in the fourth degree (Penal Law§ 155.30 [1]) and petit larceny (Penal Law § 155.25) did notundermine the weight of the evidence supporting the jury's verdict convicting thedefendant of burglary in the second degree (Penal Law § 140.25 [2]) andcriminal mischief in the fourth degree (Penal Law § 145.00 [1]; Peoplev Rayam, 94 NY2d 557, 563 [2000]). As part of our review of the weight of theevidence, we do not "assume the basis for any implied inconsistencies in mixed juryverdicts" (People v Rayam, 94 NY2d at 563). Upon reviewing the record, we aresatisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d633 [2006]). Rivera, J.P., Balkin, Duffy and LaSalle, JJ., concur.