People v. Yorke — 145 A.D.3d 920

Majority

p. 920

The People of the State of New York, Respondent, v Barry Yorke, Appellant.

[42 NYS3d 839]

Appeal by the defendant from a judgment of the County Court, Suffolk County (Ambro, J.), rendered April 1, 2014, convicting him of criminal sale of a firearm in the third degree (four counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Danielson, 9 NY3d 342 , 349 [2007]). Moreover, 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

p. 921

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 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 [2006]).

The sentence imposed, including the imposition of consecutive sentences for counts one and three, was not harsh or excessive (see People v Suitte, 90 AD2d 80 [1982]).

Balkin, J.P., Austin, Sgroi and LaSalle, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 920
People v. Danielson 9 NY3d 342 N.Y. 2007-12-13 at 349 p. 920
People v. Bleakley 69 NY2d 490 N.Y. 1987-05-07 at 495 p. 921
People v. Romero 7 NY3d 633 N.Y. 2006-11-21 p. 921
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 921