Opinion

People v. Brown

  • 70 A.D.3d 1341
  • 893 N.Y.S.2d 796
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Feb 11, 2010
Status
Published
Cited by
4 cases
Authority
More cited than 53.0%

The opinion

—Appeal from a *1342 judgment of the Onondaga County Court (William D. Walsh, J.), rendered May 2, 2006. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts) and reckless endangerment in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, criminal possession of a weapon in the second degree (Penal Law § 265.03 [former (2)]). Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), and according great deference to the jury’s resolution of credibility issues, we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). The record does not support defendant’s contention that evidentiary rulings by County Court during the cross-examination by defendant of certain prosecution witnesses impaired his ability to present a defense (see People v Martin, 33 AD3d 1024 [2006], lv denied 8 NY3d 882 [2007]; see also People v Macuil, 67 AD3d 1025 [2009]). Contrary to defendant’s further contention, the prosecutor did not improperly vouch for the credibility of a witness during his summation but, rather, his statements were fair comment on the credibility of that witness, in response to the defense counsel’s summation (see People v Lazzaro, 62 AD3d 1035 [2009]; People v Williams, 52 AD3d 851 [2008], lv denied 11 NY3d 836 [2008]). Present—Smith, J.P., Centra, Fahey, Green and Pine, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.