THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. DENNIS BROWNING DEFENDANT APPELLANT (2014)

MEMORANDUM AND ORDER

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

Memorandum:  Defendant appeals from a judgment convicting him, following a nonjury trial, of criminal possession of a weapon in the second degree (Penal Law § 265.03[3] ).   Viewing the evidence in light of the elements of the crime in this nonjury trial (see People v. Danielson, 9 NY3d 342, 349), we conclude that the verdict is not against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495).   We reject defendant's contention that County Court erred in admitting the testimony of a police officer regarding the meaning of coded language used in a recorded conversation.   Contrary to defendant's contention, expert testimony interpreting the meaning of words is not restricted to narcotics cases (see People v. Inoa, 109 AD3d 765, 766;  People v. Pendelton, 90 AD3d 1234, 1235 n 2, lv denied 18 NY3d 996), and the record establishes that the police officer was qualified to interpret the language based on his experience (see Matott v. Ward, 48 N.Y.2d 455, 459;  People v. Wyant, 98 AD3d 1277, 1277–1278).

Frances E. Cafarell

Clerk of the Court