People v. Gonzalez
Opinion of the Court
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Lakritz, J.), rendered April 19,1982, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Judgment affirmed.
Contrary to defendant’s contention on appeal, the Trial Judge did not err in denying his motion to dismiss based upon the People’s failure to prove a prima facie case of criminal possession of a weapon in the third degree. Eyewitness testimony set forth the requisite elements of knowing possession of a loaded firearm (Penal Law, § 265.02, subd [4]; People v Cohen, 57 AD2d 790). Nor was it error for the Trial Judge to deny defendant’s request for a missing witness charge; potential witnesses were
Case-law data current through December 31, 2025. Source: CourtListener bulk data.