THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. LEEVESTER PAYTON DEFENDANT APPELLANT (2017)

MEMORANDUM AND ORDER

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

Memorandum:  Defendant appeals from a judgment convicting him upon a jury verdict of assault in the second degree (Penal Law

§ 120.05 [2] ).  Contrary to defendant's contention, viewing the evidence in light of the elements of the crime as charged to the jury (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).  “Any inconsistencies in the victim's testimony were highlighted by defense counsel, and the jury's resolution of credibility issues with respect to the testimony of the victim is entitled to great deference” (People v. DiTucci, 81 AD3d 1249, 1250, lv denied 17 NY3d 794).  Defendant further contends that County Court abused its discretion in admitting in evidence a crime scene video depicting the victim after the shooting because, although it concededly was relevant, it was highly prejudicial.  We reject that contention (see People v. Stevens, 76 N.Y.2d 833, 835;  People v. Pobliner, 32 N.Y.2d 356, 369–370, rearg. denied 33 N.Y.2d 657, cert. denied 416 U.S. 905;  People v. Garcia, 143 AD3d 1283, 1283–1284).

Frances E. Cafarell

Clerk of the Court