People v Lee (Chrystal)

[*1] People v Lee (Chrystal) 2009 NY Slip Op 52455(U) [25 Misc 3d 141(A)] Decided on December 2, 2009 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 2, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : RIOS, J.P., PESCE and GOLIA, JJ
2006-1812 K CR.

The People of the State of New York, Respondent,

against

Chrystal Lee, Appellant.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (William L. McGuire, Jr., J.), rendered September 19, 2006. The judgment convicted defendant, upon a jury verdict, of two counts of criminal possession of a weapon in the fourth degree.

ORDERED that the judgment of conviction is affirmed.

Following a jury trial, defendant was convicted of two counts of criminal possession of a weapon in the fourth degree (Penal Law § 265.01). In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), 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 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon our review of the record, we are satisfied that the verdict of guilt of two counts of criminal possession of a weapon in the fourth degree was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Further, contrary to defendant's contention, there is not a grave risk that an innocent person has been convicted. Accordingly, the judgment of conviction is affirmed.

Rios, J.P., Pesce and Golia, JJ., concur.
Decision Date: December 02, 2009