People v. Montilla

*282Judgment, Supreme Court, New York County (Jeffrey M. Atlas, J.), rendered August 24, 2004, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the third degree and menacing in the second degree, and sentencing him to concurrent terms of 1 to 3 years and 1 year, respectively, unanimously affirmed.

Defendant was properly convicted of third-degree weapon possession under Penal Law § 265.02 (1), of which an essential element is that a defendant “has been previously convicted of any crime.” That requirement was satisfied because defendant had pleaded guilty to a crime…