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People v. Burwell

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 2008
57 A.D.3d 555 (N.Y. App. Div. 2008)

Opinion

No. 2007-07633.

December 2, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), dated July 26, 2007, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Stephen J. Pittari, White Plains, N.Y. (Salvatore A. Gaetani of counsel), for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

Before: Ritter, J.P., Florio, Miller and Dillon, JJ. concur.


Ordered that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review ( see CPL 470.05; People v Gray, 86 NY2d 10, 19-20). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see People v Smith, 16 AD3d 602).

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).

The defendant's contention that the Supreme Court did not provide a meaningful response to a jury question is unpreserved for appellate review ( see CPL 470.05; People v Slacks, 90 NY2d 850). In any event, the Supreme Court responded meaningfully to the note from the jury ( see CPL 310.30; People v Malloy, 55 NY2d 296, cert denied 459 US 847; People v Hayes, 48 AD3d 831).


Summaries of

People v. Burwell

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 2008
57 A.D.3d 555 (N.Y. App. Div. 2008)
Case details for

People v. Burwell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFRED BURWELL…

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

Date published: Dec 2, 2008

Citations

57 A.D.3d 555 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 9612
867 N.Y.S.2d 701

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