People v. Gidron — 81 A.D.3d 973

Majority

p. 973

The People of the State of New York, Respondent, v Gene Gidron, Appellant.

[916 NYS2d 839]

—Appeal by the defendant from a judgment of the County Court, Nassau County (Ayres, J), rendered June 20, 2008, convicting him of criminal possession of stolen property 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 CEL 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], cert denied 542 US 946 [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]).

In fashioning its Sandoval ruling (see People v Sandoval, 34

p. 974

NY2d 371 [1974]), the trial court “struck an appropriate balance between the probative value of the defendant’s prior crimes and the possible prejudice to the defendant” (People v Townsend, 70 AD3d 982 , 982 [2010]; see People v Sandoval, 34 NY2d 371 [1974]). Dillon, J.P., Covello, Florio and Hall, JJ., concur.

Cases cited

People v. Danielson 9 NY3d 342 N.Y. 2007-12-13 p. 973
Middleton v. McNeil 542 US 946 SCOTUS 2004-06-28 p. 973
People v. Bleakley 69 NY2d 490 N.Y. 1987-05-07 at 495 p. 973
People v. Romero 7 NY3d 633 N.Y. 2006-11-21 p. 973
People v. Townsend 70 AD3d 982 N.Y. App. Div. 2010-02-16 at 982 p. 974
People v. Sandoval 34 NY2d 371 N.Y. 1974-06-19 p. 974