Opinion
2019–14565 2020–00989 Ind. No. 5271/18
02-17-2021
The PEOPLE, etc., respondent, v. Victor SANCHEZ, appellant.
Jeffrey Lichtman, New York, N.Y. ( Jason Goldman of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. ( Leonard Joblove and Julian Joiris of counsel), for respondent.
Jeffrey Lichtman, New York, N.Y. ( Jason Goldman of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. ( Leonard Joblove and Julian Joiris of counsel), for respondent.
LEONARD B. AUSTIN, J.P., ROBERT J. MILLER, HECTOR D. LASALLE, BETSY BARROS, JJ.
DECISION & ORDER
Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Evelyn J. Laporte, J.), rendered November 21, 2019, convicting him of criminal possession of a weapon in the second degree (two counts), upon a jury verdict, and imposing sentence, and (2) a resentence of the same court imposed January 9, 2020.
ORDERED that the judgment and the resentence are affirmed.
In fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15[5] ; People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), 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 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053 ; People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ). 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 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902 ).
The defendant contends that he was deprived of the effective assistance of counsel. However, on this record, the defendant failed to demonstrate the absence of strategic or other legitimate explanations for his attorney's alleged shortcomings ( see People v. Hymes, 34 N.Y.3d 1178, 1179, 145 N.E.3d 224 ; People v. Rivera, 71 N.Y.2d 705, 709, 530 N.Y.S.2d 52, 525 N.E.2d 698 ; People v. Melendez, 183 A.D.3d 597, 121 N.Y.S.3d 629 ; People v. Gonzalez, 44 A.D.3d 790, 843 N.Y.S.2d 417 ).
AUSTIN, J.P., MILLER, LASALLE and BARROS, JJ., concur.