| People v Morris |
| 2018 NY Slip Op 00315 [157 AD3d 827] |
| January 17, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Deshaun Morris, Appellant. |
Paul Skip Laisure, New York, NY (Erica Horwitz of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Keith Dolan ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (AlbertTomei, J.), rendered May 12, 2010, convicting him of murder in the second degree and criminalpossession 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 [1983]), we find that it was legally sufficient to establish thedefendant's guilt of murder in the second degree (see Penal Law § 125.25[1]) beyond a reasonable doubt (seePeople v Hale, 147 AD3d 975 [2017]; People v Leddy, 47 AD3d 842 [2008]). Additionally, in fulfillingour responsibility to conduct an independent review of the weight of the evidence (seeCPL 470.15 [5]; People vDanielson, 9 NY3d 342 [2007]), we nevertheless accord great deference to the jury'sopportunity to view the witnesses, hear the testimony, and observe demeanor (see People vMateo, 2 NY3d 383, 410 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]).Upon reviewing the record here, we are satisfied that the verdict of guilt was not against theweight of the evidence (see People vRomero, 7 NY3d 633, 643-644 [2006]).
The defendant's contention that his right to due process was violated by alleged prosecutorialmisconduct on summation is unpreserved for appellate review (see CPL 470.05 [2]), asthe defendant failed to object, request curative instructions, or timely move for a mistrial (see People v Dunning, 148 AD3d1047, 1048 [2017]), and we decline to review the contention in the exercise of our interest ofjustice jurisdiction (see CPL 470.15 [3] [c]; [6]; People v Grant, 152 AD3d 792, 793 [2017]; People v Jones, 139 AD3d 878,880 [2016]; People v Ellis, 133AD3d 777, 778 [2015]; People vBelle, 113 AD3d 630, 631 [2014]).
The Supreme Court properly denied the defendant's motion for a mistrial (see People v Pleasant, 146 AD3d985, 986 [2017]). Chambers, J.P., Cohen, Barros and Christopher, JJ., concur.