The People, etc., respondent, v. Stephen Holden, appellant. (2011)

Argued-February 2, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered April 22, 2009, convicting him of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.   Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5];  People v. Danielson, 9 NY3d 342), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v. Mateo, 2 NY3d 383, 410, cert denied 542 U.S. 946;  People v. Bleakley, 69 N.Y.2d 490, 495).   Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 NY3d 633).

Contrary to the defendant's contention, the prosecutor's redirect examination of the detective who witnessed the defendant drop the firearm did not impermissibly bolster the detective's testimony by introducing a prior consistent statement from the detective's testimony at the defendant's prior trial.   The trial court properly allowed the prosecutor to introduce a part of the detective's prior testimony on redirect examination for the purpose of explaining and clarifying a part of the detective's prior testimony that was introduced on cross-examination (see People v. Ochoa, 14 NY3d 180, 186-187;  People v. Torre, 42 N.Y.2d 1036, 1037;  People v. Melendez, 51 AD3d 1040;  People v. Williams, 43 AD3d 414;  People v. Johnson, 296 A.D.2d 422).

SKELOS, J.P., ENG, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court