Legal Opinion

People v. Soto

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

Decided January 28, 2010PublishedCited by 1 opinion

1Opinion of the Court

*532Defendant did not preserve his challenge to the sufficiency of the evidence, and we decline to review it in the interest of justice. As an alternative holding, we find that the verdict was based on legally sufficient evidence. We further find that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The evidence, especially when viewed in light of the presumption contained in Penal Law § 265.15 (3), warrants the conclusion that defendant possessed a revolver found behind the front passenger seat of a car. Defendant had been observed…

2Cases cited1 opinion

  1. People v. DanielsonNew York Court of Appeals · 2007

3Cited by1 opinion

  1. People v. NelsonAppellate Division of the Supreme Court of the State of New York · 2016

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