People v Castro

People v Castro 2011 NY Slip Op 09343 Decided on December 20, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 20, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
ARIEL E. BELEN
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
2010-09467
(Ind. No. 09-01398)

[*1]The People of the State of New York, respondent,

v

Daniel Castro, appellant.




Stephen J. Pittari, White Plains, N.Y. (John F. Ryan and Jacqueline
F. Oliva of counsel), for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina
Gianfrancesco and Richard Longworth
Hecht of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Westchester County (Holdman, J.), rendered August 20, 2010, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

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[5]; 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; People v Aviles, 87 AD3d 547, 548; People v McNeil, 86 AD3d 650, 651).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

The defendant's remaining contention is without merit.
SKELOS, J.P., BELEN, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court