People v. Topsy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered July 9, 1997, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
*354Ordered that the judgment is affirmed.
The defendant possessed an unlicensed, loaded firearm. The jury was entitled to presume that the defendant intended to use it unlawfully (see, Penal Law § 265.15 [4]; People v Higdon, 162 AD2d 957, 958; People v Carrion, 136 AD2d 649, 650).
There is no merit to the defendant’s claims of prosecutorial misconduct during the…
2Cases cited4 opinions
- People v. CalviNew York Court of Appeals · 1996
- People v. CarrionAppellate Division of the Supreme Court of the State of New York · 1988
- People v. HigdonAppellate Division of the Supreme Court of the State of New York · 1990
- People v. WhyteAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by3 opinions
- People v. McCraeAppellate Division of the Supreme Court of the State of New York · 2003
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2007
- People v. KowalewskiAppellate Division of the Supreme Court of the State of New York · 2007