| People v Perez-Olivo |
| 2015 NY Slip Op 03386 [127 AD3d 1110] |
| April 22, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Carlos Perez-Olivo, Appellant. |
Lisa H. Blitman, New York, N.Y., for appellant, and appellant pro se.
Janet DiFiore, District Attorney, White Plains, N.Y. (Jennifer Spencer, Steven A.Bender, and Richard Longworth Hecht of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Zambelli, J.), rendered December 2, 2008, convicting him of murder in the seconddegree and criminal possession of a weapon in the second degree, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People vContes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establishthe defendant's guilt beyond a reasonable doubt. Moreover, in fulfilling our responsibilityto conduct an independent review of the weight of the evidence (see CPL 470.15[5]; People v Danielson, 9NY3d 342, 348-349 [2007]), we nevertheless accord great deference to theopportunity of the finder of fact to view the witnesses, hear the testimony, and observedemeanor (see People v Mateo, 2 NY3d 383, 410 [2004]; People vBleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, 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 County Court providently exercised itsdiscretion in rendering its Sandoval ruling (see People v Sandoval, 34NY2d 371 [1974]). Contrary to the defendant's further contention, the County Courtproperly admitted evidence of the state of the defendant's financial affairs, including thefact of his recent disbarment, and of the various life insurance policies held by thedefendant and his wife, as the evidence was relevant to the defendant's motive (see People v Giles, 11 NY3d495, 499 [2008]; People v Mateo, 2 NY3d at 424; People v Buie, 86NY2d 501, 509 [1995]; People v Scarola, 71 NY2d 769, 777 [1988]; Peoplev Molineux, 168 NY 264 [1901]; People v Denis, 276 AD2d 237[2000]).
The defendant's contention that his statements to the police should have beensuppressed is improperly raised for the first time in defense counsel's reply brief (see People v Winkfield, 90AD3d 959, 960 [2011]; People v Boynton, 35 AD3d 875, 876 [2006]). In anyevent, the defendant never moved to suppress the statements or objected to theiradmission at trial and, thus, this contention is also unpreserved for appellate review(see CPL 470.05 [2]).
[*2] Contrary tothe defendant's contention, the prosecutor's summation did not deprive the defendant of afair trial.
The defendant's remaining contentions, including those raised in his pro sesupplemental brief, are without merit. Skelos, J.P., Balkin, Roman and Hinds-Radix, JJ.,concur.