People v Campbell

People v Campbell 2013 NY Slip Op 06150 Released on September 27, 2013 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on September 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, SCONIERS, AND VALENTINO, JJ.
896 KA 10-00720

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

JASPER L. CAMPBELL, DEFENDANT-APPELLANT.


Appeal from a judgment of the Monroe County Court (Stephen R. Sirkin, A.J.), rendered November 18, 2008. The judgment convicted defendant, after a nonjury trial, of criminal possession of a weapon in the second degree.


PETER J. PULLANO, ROCHESTER, FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.


It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a nonjury trial of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Defendant's conviction arose out of the seizure by the police of a handgun from the floor of a vehicle in which defendant was a passenger. Viewing the evidence in light of the elements of the crime in this nonjury trial (see People v Danielson, 9 NY3d 343, 349), we conclude that "the verdict, based on the applicability of the automobile presumption . . . , is not against the weight of the evidence" (People v Wilburn, 50 AD3d 1617, 1618, lv denied 11 NY3d 742; see People v Dunnigan, 1 AD3d 930, 931-932, lv denied 1 NY3d 627; People v Tutt, 194 AD2d 575, 575-576, lv denied 82 NY2d 760; see generally People v Bleakley, 69 NY2d 490, 495). We further conclude that the sentence is not unduly harsh or severe.
Entered: September 27, 2013
Frances E. Cafarell
Clerk of the Court