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