People v. Cherry

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered April 28, 2014, upon a verdict convicting defendant of the crime of criminal possession of a weapon in the second degree.

Defendant was in bed just before dawn when police officers executing a search warrant entered his apartment and discovered a loaded .22 caliber revolver under the pillow where he had been lying. He was charged by indictment with criminal possession of a weapon in the second degree and, following a jury trial, he was convicted as charged. Defendant was sentenced, as a second felony offender,…