| People v Payton |
| 2017 NY Slip Op 00805 [147 AD3d 1354] |
| February 3, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v LeevesterL. Payton, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (William G. Pixley of counsel), fordefendant-appellant.
Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (James J. Piampiano, J.), renderedApril 10, 2014. The judgment convicted defendant, upon a jury verdict, of assault in the seconddegree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict ofassault in the second degree (Penal Law § 120.05 [2]). Contrary to defendant'scontention, viewing the evidence in light of the elements of the crime as charged to the jury (see People v Danielson, 9 NY3d342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence(see generally People v Bleakley, 69 NY2d 490, 495 [1987]). "Any inconsistencies in thevictim's testimony were highlighted by defense counsel, and the jury's resolution of credibilityissues with respect to the testimony of the victim is entitled to great deference" (People v DiTucci, 81 AD3d 1249,1250 [2011], lv denied 17 NY3d 794 [2011]). Defendant further contends that CountyCourt abused its discretion in admitting in evidence a crime scene video depicting the victimafter the shooting because, although it concededly was relevant, it was highly prejudicial. Wereject that contention (see People v Stevens, 76 NY2d 833, 835 [1990]; People vPobliner, 32 NY2d 356, 369-370 [1973], rearg denied 33 NY2d 657 [1973], certdenied 416 US 905 [1974]; People vGarcia, 143 AD3d 1283, 1283-1284 [2016]). Present—Whalen, P.J., Smith,DeJoseph, Curran and Scudder, JJ.