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PEOPLE v. BROWN

Appellate Division of the Supreme Court of New York, Fourth Department.
Feb 11, 2010
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It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, criminal possession of a weapon in the second degree (Penal Law ยง 265.03 [former (2)]). Viewing the evidence in light of the elements of the crimes as charged to the jury ( see People v Danielson, 9 NY3d 342, 349), and according great deference to the jury's resolution of credibility issues, we conclude that the verdict is not against the weight of the evidence ( see generally People v Bleakley, 69 NY2d 490, 495). The record does not support defendant's contention that evidentiary rulings by County Court during the cross-examination by defendant of certain prosecution witnesses impaired his ability to present a defense ( see People v Martin, 33 AD3d 1024, lv denied 8 NY3d 882; see also People v Macuil, 67 AD3d 1025). Contrary to defendant's further contention, the prosecutor did not improperly vouch for the credibility of a witness during his summation but, rather, his statements were fair comment on the credibility of that witness, in response to the defense counsel's summation ( see People v Lazzaro, 62 AD3d 1035; People v Williams, 52 AD3d 851, lv denied 11 NY3d 836).