Legal Opinion

People v. Topsy

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

Decided October 4, 1999PublishedCited by 3 opinions

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

  1. People v. CalviNew York Court of Appeals · 1996
  2. People v. CarrionAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. HigdonAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. WhyteAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by3 opinions

  1. People v. McCraeAppellate Division of the Supreme Court of the State of New York · 2003
  2. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. KowalewskiAppellate Division of the Supreme Court of the State of New York · 2007

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