Appellate Division of the Supreme Court of New York, 1997

People v. Walcott

Appellate Division of the Supreme Court of New York · Decided January 30, 1997

235 A.D.2d 368; 653 N.Y.S.2d 323; 1997 N.Y. App. Div. LEXIS 707

Cases that cite this one

5 later published cases cite this decision.

People v. Diaz (Appellate Division of the Supreme Court of New York 2019)
People v. Dixon (Appellate Division of the Supreme Court of New York 2008)
People v. Sheehan (Appellate Division of the Supreme Court of New York 2007)
People v. Naughton (Appellate Division of the Supreme Court of New York 2001)
People v. Willson (Appellate Division of the Supreme Court of New York 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered January 10, 1994, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree and two counts of criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 8 years to life, 6 years to life and 6 years to life, respectively, unanimously affirmed.

Defendant’s conviction of second-degree weapon possession was based on legally sufficient evidence and was not against the weight of the evidence. The jury was entitled, under the *369statutory presumption of Penal Law § 265.15 (4), to infer an intent to unlawfully use the firearm against another person from the fact of defendant’s possession, in his waistband, of the gun containing three live rounds (see, Matter of John N., 168 AD2d 386, 387), and such inference was not negated by the evidence. Concur—Milonas, J. P., Ellerin, Rubin and Mazzarelli, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.