PEOPLE v. HOLIFIELD (2006)

Defendant appeals from a judgment convicting him following a jury trial of one count each of murder in the first degree (Penal Law § 125.27[1][a] [vii];  [b] ), and criminal possession of a weapon in the second degree (former § 265.03[2] ) and two counts each of robbery in the first degree (§ 160.15[2] ) and grand larceny in the fourth degree (§ 155.30[4], [8] ).   We reject defendant's contention that the verdict is against the weight of the evidence.   The testimony of defendant that his girlfriend killed the victim and that he confessed to the crime in order to protect her raised an issue of credibility that the jury was entitled to resolve against defendant (see generally People v. Delosh, 2 A.D.3d 1047, 1049, 770 N.Y.S.2d 141, lv. denied 1 N.Y.3d 626, 777 N.Y.S.2d 25, 808 N.E.2d 1284;  People v. Lynch, 273 A.D.2d 806, 807, 708 N.Y.S.2d 541, lv. denied 95 N.Y.2d 936, 721 N.Y.S.2d 612, 744 N.E.2d 148, cert. denied 531 U.S. 1194, 121 S.Ct. 1195, 149 L.Ed.2d 110;  People v. Giomundo, 209 A.D.2d 953, 619 N.Y.S.2d 894, lv. denied 85 N.Y.2d 909, 627 N.Y.S.2d 332, 650 N.E.2d 1334).   We cannot conclude that the jury failed to give the evidence the weight it should be accorded (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672;  Lynch, 273 A.D.2d at 807, 708 N.Y.S.2d 541;  Giomundo, 209 A.D.2d at 953, 619 N.Y.S.2d 894).

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

MEMORANDUM: