People v Sanchez

People v Sanchez 2007 NY Slip Op 10494 [46 AD3d 484] December 27, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

The People of the State of New York, Respondent,
v
Gilbert Sanchez, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York City (Seon Jeong Lee of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Rachel Hochhauser of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered June 26, 2006, convicting defendant, after a jury trial, of criminal possession of a weapon in the second and third degrees and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent terms of 8½ years, 5 years, and 1 year, respectively, unanimously affirmed.

The verdict convicting defendant of second-degree weapon possession, was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). The evidence, viewed in light of the statutory presumption (Penal Law § 265.15 [4]), supported the conclusion that defendant intended to use his loaded weapon unlawfully.

We perceive no basis for reducing the sentence. Concur—Tom, J.P., Friedman, Nardelli and Catterson, JJ.