THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. DURELL BLUNT 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 promoting prison contraband in the first degree (Penal Law § 205.25[2] ).  Contrary to defendant's contention, we conclude that the evidence is legally sufficient to support the conviction (see People v. Mansilla, 143 AD3d 1263, 1263;  People v. Davey, 134 AD3d 1448, 1449).  Viewed in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621), the evidence provided a “valid line of reasoning and permissible inferences which could lead a rational person to the conclusion reached by the jury on the basis of the evidence at trial” (People v. Bleakley, 69 N.Y.2d 490, 495), i.e., that defendant possessed a flat, sharpened piece of metal that he wielded during a prison fight.  Moreover, 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 People v. Hood, 145 AD3d 1565, 1565–1566;  Mansilla, 143 AD3d at 1263;  see generally Bleakley, 69 N.Y.2d at 495).  We have considered defendant's challenge to the severity of his sentence and conclude that it is without merit.

Frances E. Cafarell

Clerk of the Court