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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN HOLDEN, Appellant.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 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; 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 US 946; People v Bleakley, 69 NY2d 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 NY2d 1036, 1037; People v Melendez, 51 AD3d 1040; People v Williams, 43 AD3d 414; People v Johnson, 296 AD2d 422).

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PEOPLE v. HOLDEN
(Mar 1, 2011)