PEOPLE v. SCOTT (2021)

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, inter alia, murder in the second degree (Penal Law § 125.25 [1]), stemming from a shooting in which one person was killed and two were injured. We reject defendant's contention that the evidence is legally insufficient to support the conviction. The People presented evidence establishing every element of the crimes charged and defendant's commission thereof. The fact that no eyewitness to the shooting identified defendant as the person who fired the weapon does not render the evidence legally insufficient inasmuch as there was ample circumstantial evidence and other testimony establishing defendant's identity as the shooter (see People v. Suarez, 175 A.D.3d 1036, 1037, 105 N.Y.S.3d 345 [4th Dept. 2019], lv denied 34 N.Y.3d 1082, 116 N.Y.S.3d 144, 139 N.E.3d 802 [2019]; People v. Clark, 142 A.D.3d 1339, 1340-1341, 39 N.Y.S.3d 325 [4th Dept. 2016], lv denied 28 N.Y.3d 1143, 52 N.Y.S.3d 295, 74 N.E.3d 680 [2017]; People v. Moore [Appeal No. 2], 78 A.D.3d 1658, 1659, 912 N.Y.S.2d 825 [4th Dept. 2010]). We further conclude that, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007]), the verdict is not against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987]).

Contrary to defendant's further contention, the prosecutor did not improperly vouch for the credibility of the People's witnesses and his comments constituted fair comment on the evidence (see People v. Redfield, 144 A.D.3d 1548, 1550, 41 N.Y.S.3d 632 [4th Dept. 2016], lv denied 28 N.Y.3d 1187, 52 N.Y.S.3d 714, 75 N.E.3d 106 [2017]). Finally, in light of the nature of the offense, we conclude that the sentence is not unduly harsh or severe.