People v. Rivera
Cases that cite this one
3 later published cases cite this decision.
- People v. Simmons (Appellate Division of the Supreme Court of New York 2012)
- People v. Simmons (Appellate Division of the Supreme Court of New York 2012)
- People v. Perry (Appellate Division of the Supreme Court of New York 2011)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed and a new trial ordered.
There was a reasonable basis in the evidence viewed in the light most favorable to defendant for finding defendant not guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [1] [b] [possessing a “loaded firearm” “with intent to use the same unlawfully against another”]), and yet guilty of criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [1] [possessing any firearm]). (See People v Discala, 45 NY2d 38, 41-42 [1978].) Defendant’s request for a lesser included offense charge should therefore have been granted.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.