People v. Capriata

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered May 1, 2012, convicting defendant, upon his plea of guilty, of two counts of criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of six years, unanimously affirmed.

The indictment alleged, and defendant’s plea allocution established, that defendant committed a continuing possessory crime (see Matter of Johnson v Morgenthau, 69 NY2d 148 [1987]) that began when he was 18 but ended when he was 19, and whose elements persisted during that time span. Accordingly, he was not…