People v. Dale

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered November 17, 2010 in Albany County, (1) upon a verdict convicting defendant of the crime of criminal possession of a weapon in the second degree and (2) convicting defendant upon his plea of guilty of the crime of criminal use of a firearm in the first degree.

On the evening of July 15, 2009, defendant was standing with a group of people next to his sister’s BMW station wagon outside of 326 First Street in the City of Albany. Defendant allegedly used a .380 caliber handgun to fire a shot into the driver’s side window of the…