| People v Bethune |
| 2015 NY Slip Op 06250 [130 AD3d 937] |
| July 22, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York, Respondent, v Jamar Bethune, Appellant. |
Ryan G. Blanch, New York, N.Y., for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L.Mandel, and Joyce Adolfsen of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Tomei, J.), rendered June 16, 2009, convicting him of murder in the second degree andcriminal possession of a weapon in the second degree, upon a jury verdict, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant contends that the court's supplemental charge explaining that theinitial verdict was repugnant and defining murder in the second degree was improper.However, the trial transcript has since been properly resettled to reflect that thechallenged portions of the charge represented transcription errors (see People vSantorelli, 95 NY2d 412, 424 [2000]; People v Williams, 2 AD3d 546 [2003]; People vScott, 197 AD2d 646, 647 [1993]; cf. People v Laracuente, 136 AD2d 742,744 [1988]).
The defendant also contends that his conviction of murder in the second degree wasagainst the weight of the evidence. 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]). Uponreviewing the record here, we are satisfied that the verdict of guilt as to that count wasnot against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Skelos, J.P.,Dillon, Duffy and LaSalle, JJ., concur.