The People, etc., respondent, v. Gene Gidron, appellant.

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Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Gene Gidron, appellant.

2008-05965 (Ind.No. 2898/07)

Decided: February 22, 2011

MARK C. DILLON, J.P. JOSEPH COVELLO ANITA R. FLORIO L. PRISCILLA HALL, JJ. Steven A. Feldman, Uniondale, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas Noll and Andrew Fukuda of counsel), for respondent.

Submitted-January 25, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Ayres, J.), rendered June 20, 2008, convicting him of criminal possession of stolen property in the fifth degree, upon a jury verdict, 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 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).

In fashioning its Sandoval ruling (see People v. Sandoval, 34 N.Y.2d 371), the trial court “struck an appropriate balance between the probative value of the defendant's prior crimes and the possible prejudice to the defendant” (People v. Townsend, 70 AD3d 982, 982;  see People v. Sandoval, 34 N.Y.2d 371).

DILLON, J.P., COVELLO, FLORIO and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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