| People v Blunt |
| 2017 NY Slip Op 03360 [149 AD3d 1573] |
| April 28, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v DurellBlunt, Appellant. |
Norman P. Effman, Public Defender, Warsaw (Adam W. Koch of counsel), fordefendant-appellant.
Donald G. O'Geen, District Attorney, Warsaw (Eric R. Schiener of counsel), forrespondent.
Appeal from a judgment of the Wyoming County Court (Michael M. Mohun, J.), renderedSeptember 16, 2015. The judgment convicted defendant, after a jury trial, of promoting prisoncontraband in the first degree.
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, ofpromoting prison contraband in the first degree (Penal Law § 205.25 [2]). Contraryto defendant's contention, we conclude that the evidence is legally sufficient to support theconviction (see People v Mansilla,143 AD3d 1263, 1263 [2016]; People v Davey, 134 AD3d 1448, 1449 [2015]). Viewed in the lightmost favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), theevidence provided a "valid line of reasoning and permissible inferences which could lead arational person to the conclusion reached by the jury on the basis of the evidence at trial"(People v Bleakley, 69 NY2d 490, 495 [1987]), i.e., that defendant possessed a flat,sharpened piece of metal that he wielded during a prison fight. Moreover, viewing the evidencein light of the elements of the crime as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we concludethat the verdict is not against the weight of the evidence (see People v Hood, 145 AD3d 1565, 1565-1566 [2016];Mansilla, 143 AD3d at 1263; see generally Bleakley, 69 NY2d at 495). We haveconsidered defendant's challenge to the severity of his sentence and conclude that it is withoutmerit. Present—Smith, J.P., Carni, DeJoseph, NeMoyer and Troutman, JJ.