*1 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