[*1]
People v McAllister (Marion)
2006 NY Slip Op 50643(U) [11 Misc 3d 140(A)]
Decided on April 18, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 18, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., GANGEL-JACOB, SCHOENFELD, JJ
570269/04.

The People of the State of New York, Respondent, No.

against

Marion McAllister, Defendant-Appellant.04-255


Defendant appeals from a judgment of the Criminal Court, Bronx County (Fernando Tapia, J.), rendered March 11, 2004, after a nonjury trial, convicting him of attempted criminal possession of a weapon in the fourth degree and attempted possession of ammunition, and imposing sentence.


PER CURIAM:

Judgment of conviction (Fernando Tapia, J.), rendered March 11, 2004, affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no reason to disturb the trial court's credibility determinations. The evidence warranted the conclusion that defendant constructively possessed the loaded and operable gun found in a closet in his apartment. Mere access by others to the area where the weapon was found did not preclude a finding of constructive possession (see People v Skyles, 266 AD2d 321 [1999], lv denied 94 NY2d 867 [1999]).

This constitutes the decision and order of the court. [*2]
Decision Date: April 18, 2006