Opinion
April 25, 1995
Appeal from the Supreme Court, New York County (Charles Tejada, J.).
The hearing court's findings of fact crediting the police officer's testimony that he observed defendant from a distance of approximately 25 feet drop a handgun on the sidewalk are entitled to much weight (People v Prochilo, 41 N.Y.2d 759, 761), and will not be disturbed by this Court. The officer's observations provided cause for defendant's arrest.
Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), we find that defendant's guilt of two counts of criminal possession of a weapon in the third degree was proven beyond a reasonable doubt by legally sufficient evidence, and upon an independent review of the facts, that the verdict was not against the weight of the evidence (People v Bleakley, 69 N.Y.2d 490). The issues raised by defendant concerning the credibility of the police officers were properly placed before the fact finder, and we find no reason to disturb its determination.
Concur — Sullivan, J.P., Ellerin, Rubin, Williams and Tom, JJ.