People v. Patel

In my view, the evidence was sufficient to establish defendant’s actual possession of the Winchester shotgun and constructive possession of the Mossberg. Nor do I believe that this conclusion is undercut by our prior decision in People v Perez (125 AD2d 236).

An accused need not be in actual physical control of a weapon to be convicted of its possession. If it is within his immediate control and reach and "available for unlawful use if he so desires”, a conviction may be sustained. (People v Persce, 204 NY 397, 402; see also, People v Lemmons, 40 NY2d 505, 509-510; People v Lynch, 116 AD2d…