Legal Opinion

People v. DeGannes

Appellate Division of the Supreme Court of the State of New York

Decided September 30, 2010Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered June 10, 2008, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing him to a term of four years, unanimously affirmed.

The court provided a meaningful response to a jury note (see People v Santi, 3 NY3d 234, 248-249 [2004]; People v Malloy, 55 NY2d 296 [1982]). When, due to lack of consent by defendant (see CPL 310.30), the court was unable to comply with the jury’s request for a written definition of constructive possession, it properly exercised its…

2Cases cited4 opinions

  1. People v. MalloyNew York Court of Appeals · 1982
  2. People v. LouridoNew York Court of Appeals · 1987
  3. People v. SantiNew York Court of Appeals · 2004
  4. People v. MarieraAppellate Division of the Supreme Court of the State of New York · 1995

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