Appellate Division of the Supreme Court of New York, 1999

People v. Burgos

People v. Burgos
Appellate Division of the Supreme Court of New York · Decided June 22, 1999
262 A.D.2d 210; 691 N.Y.S.2d 764; 1999 N.Y. App. Div. LEXIS 7390
People v. Burgos

Opinion of the Court

—Judgment, Supreme Court, Bronx County (William Donnino, J.), rendered January 15, 1997, convicting defendant of two counts of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years, unanimously affirmed.

The verdict was not against the weight of the evidence. We see no reason to disturb the jury’s credibility determinations, and find that the evidence supported a reasonable inference that the weapon was defaced for the purposes set forth in Penal Law § 265.02 (3). To the extent that defendant is raising a sufficiency claim, such claim is unpreserved and we decline to review it in the interest of justice. Concur — Nardelli, J. P., Williams, Tom, Wallach and Andrias, JJ.

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