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People v. Correa

88 A.D.3d 810 Court N.Y. App. Div. Decision date 2011-10-11 English

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p. 810
The People of the State of New York, Respondent, v Daniel A. Correa, Appellant.
[930 NYS2d 888]
p. 811
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 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]).

There is no merit to the defendant’s contention that the County Court should have instructed the jury that a certain prosecution witness was an accomplice as a matter of law. “ £ [I]f the undisputed evidence establishes that a witness is an accomplice, the jury must be so instructed but, if different inferences may reasonably be drawn from the proof regarding complicity . . . the question should be left to the jury for its determination’ ” (People v Sweet, 78 NY2d 263 , 266 [1991], quoting People v Basch, 36 NY2d 154 , 157 [1975]). Here, since the evidence in this regard was susceptible of more than one interpretation, the County Court properly instructed the jury to determine whether the witness was an accomplice (see People v Besser, 96 NY2d 136 , 147 [2001]; People v Cardona, 17 AD3d 692 , 693 [2005]; People v Cirigliano, 15 AD3d 672 , 673 [2005]).

The defendant’s remaining contentions are without merit. Angiolillo, J.E, Dickerson, Chambers and Lott, JJ., concur.

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