53 A.D.3d 1105 862 N.Y.S.2d 681

The People of the State of New York, Respondent, v Motties H. King, Appellant.

[862 NYS2d 681]

Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), rendered August 23, 2004. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree and reckless endangerment in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of, inter alia, criminal possession of a weapon in the second degree (Penal Law former § 265.03 [2]), defendant contends that the verdict is against the weight of the evidence. We reject that contention (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). We accord great deference to the jury’s resolution of credibility issues (see People v Catlin, 41 AD3d 1199, 1200 [2007], lv denied 9 NY3d 873 [2007]). Defendant failed to preserve for our review his contention that he was denied a fair trial based on prosecutorial misconduct (see CPL 470.05 [2]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Finally, contrary to the further contention of defendant, “ ‘[t]he mere fact that defendant was ultimately sentenced to a term of incarceration greater than that offered as a part of the plea bargain does not render his sentence [unduly harsh or severe]’ ” (People v Vassar, 30 AD3d 1051, 1052 [2006], lv denied 7 NY3d 796 [2006]). Present— Scudder, P.J., Centra, Fahey, Peradotto and Pine, JJ.

People v. King
53 A.D.3d 1105 862 N.Y.S.2d 681

Case Details

Name
People v. King
Decision Date
Jul 3, 2008
Citations

53 A.D.3d 1105

862 N.Y.S.2d 681

Jurisdiction
New York

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