Legal Opinion
People v. Lowe
Appellate Division of the Supreme Court of the State of New York
Decided January 3, 2014PublishedCited by 6 opinions
1Opinion of the Court
Memorandum: On appeal from a judgment convicting him following a jury trial of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]), defendant contends that the verdict is against the weight of the evidence. We reject that contention. The police found a loaded firearm inside a vehicle in which defendant was a backseat passenger. The firearm was located on the floor toward the rear of the driver’s seat, directly in front of where defendant was seated. County Court properly instructed the jurors that the statutory presumption of possession set forth in Penal Law §…
2Cases cited5 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. DanielsonNew York Court of Appeals · 2007
- People v. GuppyAppellate Division of the Supreme Court of the State of New York · 2012
- People v. PotterAppellate Division of the Supreme Court of the State of New York · 2004
- People v. AtchisonAppellate Division of the Supreme Court of the State of New York · 2013
3Cited by6 opinions
- People v. MobleyAppellate Division of the Supreme Court of the State of New York · 2014
- People v. ArchieAppellate Division of the Supreme Court of the State of New York · 2014
- ARCHIE, NAKEEM, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
- MOBLEY, SHADAJE, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
- People v. ArchieAppellate Division of the Supreme Court of the State of New York · 2014
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