13574-13575. PEOPLE, res, v. ANDRE GRAHAM, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Rachel T. Goldberg of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for res — Judgment, Supreme Court, New York County (Carol Berkman, J. at jury trial and original sentencing; Marcy L. Kahn, J. at resentencing), rendered July 22, 2011, as amended April 9, 2013, convicting defendant of criminal possession of a weapon in the second and third degrees, and sentencing him, as a second violent felony offender, to an aggregate term of 10 years, reversed, on the facts, and the indictment dismissed. Appeal from order, same court (Marcy L. Kahn, J.), entered on or about August 9, 2013, which denied defendant’s CPL 440.20 motion to set aside the sentence, dismissed as academic.
On this appeal, defendant does not ask us to reverse his convictions of criminal possession of a weapon in the second and third degrees on the ground that the trial evidence was legally insufficient to support such convictions. Instead, defendant argues that his convictions should be reversed because the jury’s verdict was against the weight of the evidence. An appellate court weighing the evidence “must, like the trier of fact below, ‘weigh the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony’” (People v. Bleakley, 69 NY2d 490, 495, quoting People ex rel. MacCracken v. Miller, 291 NY 55, 62 [1943]). “If based on all the credible evidence a different finding would not have been unreasonable” and if the “trier of fact has failed to give the evidence the weight it should be accorded, the appellate court may set aside the verdict” (id.). When an appellate court performs weight of the evidence review, it sits, in effect, as a “thirteenth juror” (Tibbs v. Florida, 457 US 31, 42 [1982]).
