People v. Figueroa
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered December 4, 1991, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 3Vz to 7 years, unanimously affirmed.
The exclusion in Penal Law § 265.02 (4) for possession of a weapon in one’s place of business was not available to defendant since under no view of the evidence could the place where defendant was employed be found to encompass the sidewalk outside where defendant was arrested in possession of a gun (cf.,…
2Cases cited6 opinions
- People v. MooreNew York Court of Appeals · 1988
- People v. PowellNew York Court of Appeals · 1981
- People v. AliNew York Court of Appeals · 1975
- People v. PolancoAppellate Division of the Supreme Court of the State of New York · 1993
- People v. CastanedaAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by1 opinion
- People v. SolomonAppellate Division of the Supreme Court of the State of New York · 1998