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People v. Bessard

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 2011
80 A.D.3d 773 (N.Y. App. Div. 2011)

Opinion

No. 2008-06954.

January 25, 2011.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered July 18, 2008, convicting him of criminal possession of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Melissa S. Horlick of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Bruce Alderman of counsel; Leah Rabinowitz on the brief), for respondent.

Before: Rivera, J.P., Leventhal, Sgroi and Miller, JJ.


Ordered that the judgment is affirmed.

In fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15; People v Danielson, 9 NY3d 342), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v Mateo, 2 NY3d 383, 410, cert denied 542 US 946; People v Bleakley, 69 NY2d 490, 495). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633). Any inconsistencies in the police officers' testimony and police paperwork were not of such magnitude as to render their testimony incredible or unreliable ( see People v Scipio, 61 AD3d 899; People v Sepulveda, 59 AD3d 641, 642; People v Middleton, 36 AD3d 941, 942).

The defendant's remaining contention is without merit ( see People v Miller, 282 AD2d 550, 551; People v Nelson, 189 AD2d 828, 829).


Summaries of

People v. Bessard

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 2011
80 A.D.3d 773 (N.Y. App. Div. 2011)
Case details for

People v. Bessard

Case Details

Full title:THE PEOPLE OF THE STATE OF NE W YORK, Respondent, v. ERNEST BESSARD…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 25, 2011

Citations

80 A.D.3d 773 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 526
915 N.Y.S.2d 861

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