People v. Garcia
Opinion of the Court
— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Chetta, J.), rendered January 2, 1985, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, his conviction was based upon legally sufficient evidence. Viewing the evidence in a light most favorable to the People (see, People v Contes, 60 NY2d 620), it established that the defendant was observed by two police officers furtively exiting a vacant lot from which
Additionally, the court did not err in refusing to charge the jury on the law concerning innocent possession of a weapon as the evidence was "utterly at odds with any claim of innocent possession” (People v Williams, 50 NY2d 1043, 1045; see, People v Atlas, 114 AD2d 504).
We have examined the defendant’s remaining contentions and find them to be without merit. Bracken, J. P., Lawrence, Kooper and Sullivan, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.