Legal Opinion

People v. Tolbert

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

Decided September 21, 1998PublishedCited by 7 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered April 4, 1996, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was indicted and convicted under Penal Law § 265.02 (4), which provides that a person is guilty of criminal possession of a weapon in the third degree when he or she knowingly possesses any loaded firearm, except where the possession takes place in the defendant’s home or place of business. We do not agree with the…

2Cases cited4 opinions

  1. People v. PowellNew York Court of Appeals · 1981
  2. People v. BuckmireAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. ManiscalcoAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. CrewsAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by7 opinions

  1. Blue v. Prince George's CountyCourt of Appeals of Maryland · 2013
  2. People v. CarterAppellate Division of the Supreme Court of the State of New York · 2009
  3. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. WisdomAppellate Division of the Supreme Court of the State of New York · 2005
  5. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1999

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