People v. Saunders

2017 NY Slip Op 3975, 150 A.D.3d 1031, 52 N.Y.S.3d 229

Opinion

Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered July 9, 2013, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, assault in the second degree, and reckless endangerment in the first 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 NY2d 620, 621 [1983]), 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, 348 [2007]), 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 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). 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 [2006]).

The County Court did not err in precluding a recording of a phone call made by a police sergeant at the crime scene, as it did not meet the criteria to be admissible as a present sense impression. It was not a spontaneous description of events made substantially contemporaneously with the observations (see People v Jones, 28 NY3d 1037, 1039 [2016]; People v Brown, 80 NY2d 729, 734 [1993]; People v Ross, 237 AD2d 467 [1997]).

The defendant’s remaining contention is without merit.

Balkin, J.P., Cohen, Miller and Brathwaite Nelson, JJ., concur.