| People v McClymont |
| 2015 NY Slip Op 01966 [126 AD3d 812] |
| March 11, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Romane McClymont, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (John B. Latella of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Johnnette Traill, Laura T. Ross, and Nicole J. A. Reid of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Aloise, J.), rendered January 9, 2013, convicting him of criminal possession of aweapon in the second degree and unlawful possession of marijuana, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to support hisconviction of criminal possession of a weapon in the second degree because the Peoplefailed to prove that he possessed the subject firearm outside his place of business isunpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d484 [2008]; People vMathieu, 83 AD3d 735 [2011]). 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 establish that the defendant possessed the firearmoutside his place of business. Moreover, in fulfilling our responsibility to conduct anindependent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d342 [2007]), we nevertheless accord great deference to the jury's opportunity to viewthe witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2NY3d 383, 410 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Uponviewing the record here, we are satisfied that the verdict of guilt on the count of criminalpossession of a weapon in the second degree was not against the weight of the evidence(see People v Romero, 7NY3d 633 [2006]). Mastro, J.P., Dickerson, Cohen and LaSalle, JJ., concur.