People v. Ogelsby
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered July 2, 1984, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (see, People v Benzinger, 36 NY2d 29), we conclude that the defendant’s constructive possession of the rifle was proven beyond a reasonable doubt, since it was " 'within [his] immediate control and reach’ ” (People v Lemmons, 40 NY2d 505, 509, quoting People v Persce, 204…
2Cases cited9 opinions
- People v. BrownNew York Court of Appeals · 1978
- People v. BenzingerNew York Court of Appeals · 1974
- People v. LemmonsNew York Court of Appeals · 1976
- People v. . PersceNew York Court of Appeals · 1912
- People v. LynchAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by15 opinions
- People v. RosarioAppellate Division of the Supreme Court of the State of New York · 1993
- People v. ReidAppellate Division of the Supreme Court of the State of New York · 1988
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1990
- People v. SumpterAppellate Division of the Supreme Court of the State of New York · 1993
- People v. BurrellAppellate Division of the Supreme Court of the State of New York · 1991
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