The People, etc., respondent, v. Michael Johnson, appellant. (2011)

Submitted—March 29, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.), rendered November 18, 2009, convicting him of criminal possession of a weapon in the third degree (two counts), after a nonjury trial, and imposing sentence.

ORDERED that the judgment is affirmed.

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 fact-finder'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 with respect to two counts of criminal possession of a weapon in the third degree was not against the weight of the evidence (see People v. Romero, 7 NY3d 633;  People v. Tutt, 194 A.D.2d 575, 575–576;  People v. Delvas, 181 A.D.2d 740, 740).   A police officer, who had pulled the defendant's vehicle over for failing to use a turn signal, retrieved a loaded firearm from inside the vehicle, after he observed it protruding from a bag located on the front passenger-side floor.   Under the circumstances of this case, the fact-finder properly invoked the “automobile presumption” pursuant to Penal Law § 265.15(3) in finding the defendant guilty of two counts of criminal possession of a weapon in the third degree.

DILLON, J.P., FLORIO, CHAMBERS and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court