People v. Figueroa
Opinion of the Court
—Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered December 4, 1991, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 3Vz to 7 years, unanimously affirmed.
The exclusion in Penal Law § 265.02 (4) for possession of a weapon in one’s place of business was not available to defendant since under no view of the evidence could the place where defendant was employed be found to encompass the sidewalk outside where defendant was arrested in possession of a gun (cf., People v Powell, 54 NY2d 524, 531). Nor did the trial court err in refusing to charge criminal possession of a weapon in the fourth degree as a lesser included offense of criminal possession of a weapon in the third degree (People v Ali, 36 NY2d 880, 882). Concerning defendant’s adjudication
Case-law data current through December 31, 2025. Source: CourtListener bulk data.