People v Bessard

People v Bessard 2011 NY Slip Op 00526 Decided on January 25, 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 January 25, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
2008-06954
(Ind. No. 1788/07)

[*1]The People, etc., respondent,

v

Ernest Bessard, appellant.




Lynn W. L. Fahey, New York, N.Y. (Melissa S. Horlick of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Jodi L. Mandel, and Bruce
Alderman of counsel; Leah
Rabinowitz on the brief), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered July 18, 2008, convicting him of criminal possession of a controlled substance in the fifth 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). Any inconsistencies in the police officers' testimony and police paperwork were not of such magnitude as to render their testimony incredible or unreliable (see People v Scipio, 61 AD3d 899, 899; People v Sepulveda, 59 AD3d 641, 642; People v Middleton, 36 AD3d 941, 942).

The defendant's remaining contention is without merit (see People v Miller, 282 AD2d 550, 551; People v Nelson, 189 AD2d 828, 829).
RIVERA, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court