PEOPLE v. WILLIS (2003)

Defendant appeals from a judgment convicting him after a jury trial of burglary in the first degree (Penal Law § 140.30[4] ), criminal possession of a weapon in the second degree (§ 265.03[2] ), criminal possession of a weapon in the third degree (§ 265.02[1] ) and menacing in the second degree (§ 120.14 [1] ).   Contrary to defendant's contentions, the conviction is supported by legally sufficient evidence and the verdict is not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   County Court properly allowed the complaining witness to testify that he had observed defendant with the painted handgun at issue two months prior to the incident.   The testimony was properly admitted to connect the handgun found in the basement to defendant, not to establish that defendant has a criminal propensity (see generally People v. Brown, 266 A.D.2d 863, 697 N.Y.S.2d 892, lv. denied 94 N.Y.2d 860, 704 N.Y.S.2d 536, 725 N.E.2d 1098).   Defendant failed to preserve for our review his further contention that the court erred in allowing the prosecutor to impeach a prosecution witness (see generally People v. Chavez, 275 A.D.2d 888, 888-889, 713 N.Y.S.2d 386, lv. denied 95 N.Y.2d 962, 722 N.Y.S.2d 479, 745 N.E.2d 399).   Finally, we reject the further contentions of defendant that he was deprived of a fair trial by alleged prosecutorial misconduct (see generally People v. Galloway, 54 N.Y.2d 396, 401, 446 N.Y.S.2d 9, 430 N.E.2d 885) and that the sentence is unduly harsh or severe.

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

MEMORANDUM: