PEOPLE v. SMITH (2009)

 On appeal from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [former (2) ] ), defendant contends that the verdict is against the weight of the evidence.   Viewing the evidence in light of the elements of the crime as charged to the jury (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1), we conclude that defendant's contention is without merit (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   We accord great deference to the jury's resolution of credibility issues (see People v. Catlin, 41 A.D.3d 1199, 1200, 838 N.Y.S.2d 284, lv. denied 9 N.Y.3d 873, 842 N.Y.S.2d 786, 874 N.E.2d 753), and here “[t]he jury was entitled to credit the testimony of the witness[ ] who indicated that [she] observed defendant in possession of a loaded weapon and believed, under the circumstances, that defendant intended to use the weapon against another” (People v. Hunter, 46 A.D.3d 1417, 1417, 848 N.Y.S.2d 480, lv. denied 10 N.Y.3d 812, 857 N.Y.S.2d 45, 886 N.E.2d 810).   Finally, we conclude that the sentence is not unduly harsh or severe.

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

MEMORANDUM: