People v. Taylor

172 A.D.3d 1251

98 N.Y.S.3d 862 (Mem)

The PEOPLE, etc., Respondent,

v.Antwan A. TAYLOR, Appellant.

2016–13225

Ind. No. 2685/14

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

Argued—February 4, 2019

May 22, 2019

Paul Skip Laisure, New York, N.Y. (Sean Nuttall of counsel), for appellant.

John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Aurora Alvarez–Calderon of counsel), for respondent.

RUTH C. BALKIN, J.P. SHERI S. ROMAN VALERIE BRATHWAITE NELSON LINDA CHRISTOPHER, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence supporting his convictions is unpreserved for appellate review (see CPL 470.05[1] ). In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 ). 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 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902 ).

Contrary to the defendant's contention, the Supreme Court's Sandoval ruling (see People v. Sandoval, 34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413 ) reflects an appropriate balance between the probative value of the defendant's prior youthful offender adjudications on the issue of his credibility and the risk of possible prejudice (see People v. Hayes, 97 N.Y.2d 203, 208, 738 N.Y.S.2d 663, 764 N.E.2d 963 ; People v. Duffy, 36 N.Y.2d 258, 264, 367 N.Y.S.2d 236, 326 N.E.2d 804 ; People v. Taylor, 18 A.D.3d 783, 784, 794 N.Y.S.2d 919 ; People v. Cowan, 193 A.D.2d 753, 754, 598 N.Y.S.2d 987 ).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

BALKIN, J.P., ROMAN, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.