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Legal Opinion

People v. Gonzalez

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

Decided June 18, 1999PublishedCited by 13 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting defendant following a jury trial of criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]), defendant contends that the verdict is against the weight of the evidence because he had only temporary innocent possession of the weapon. We disagree. Although a person may be found to have had temporary and lawful possession of a weapon if he or she took the weapon from an assailant in the course of a fight (see, People v Almodovar, 62 NY2d 126, 130), here the jury could have found that, after…

2Cases cited4 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. AlmodovarNew York Court of Appeals · 1984
  3. People v. . PersceNew York Court of Appeals · 1912
  4. People v. SnyderNew York Court of Appeals · 1989

3Cited by13 opinions

  1. People v. McCoyAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. HawkinsAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. HicksAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2009
  5. BAILEY, II, AUBREY D., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013

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