BLUNT, DURELL, PEOPLE v

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department [496] KA 15-01590 PRESENT: SMITH, J.P., CARNI, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER DURELL BLUNT, DEFENDANT-APPELLANT. NORMAN P. EFFMAN, PUBLIC DEFENDER, WARSAW (ADAM W. KOCH OF COUNSEL), FOR DEFENDANT-APPELLANT. DONALD G. O’GEEN, DISTRICT ATTORNEY, WARSAW (ERIC R. SCHIENER OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Wyoming County Court (Michael M. Mohun, J.), rendered September 16, 2015. The judgment convicted defendant, after a jury trial, of promoting prison contraband in the first degree. 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 promoting prison contraband in the first degree (Penal Law § 205.25 [2]). Contrary to defendant’s contention, we conclude that the evidence is legally sufficient to support the conviction (see People v Mansilla, 143 AD3d 1263, 1263 ; People v Davey, 134 AD3d 1448, 1449 ). Viewed in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 ), the evidence provided a “valid line of reasoning and permissible inferences which could lead a rational person to the conclusion reached by the jury on the basis of the evidence at trial” (People v Bleakley, 69 NY2d 490, 495 ), i.e., that defendant possessed a flat, sharpened piece of metal that he wielded during a prison fight. Moreover, viewing the evidence in light of the elements of the crime as charged to the jury (see People v Danielson, 9 NY3d 342, 349 ), we conclude that the verdict is not against the weight of the evidence (see People v Hood, 145 AD3d 1565, 1565-1566 ; Mansilla, 143 AD3d at 1263 ; see generally Bleakley, 69 NY2d at 495 ). We have considered defendant’s challenge to the severity of his sentence and conclude that it is without merit. Entered: April 28, 2017 Frances E. Cafarell Clerk of the Court