Legal Opinion

People v. Peralta

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

Decided April 19, 1993Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered March 28, 1991, 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 issue of the appropriateness of the court’s use of illustrative examples of ownership, actual possession, and constructive possession during its charge to the jury has not been preserved for appellate review (see, CPL 470.05 [2]; People v Ford, 66 NY2d 428, 437). Although the court’s lengthy discussion of constructive…

2Cases cited4 opinions

  1. People v. FordNew York Court of Appeals · 1985
  2. People v. GrantAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. WrightAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. CeballosAppellate Division of the Supreme Court of the State of New York · 1988

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