People v. Morgan — 107 A.D.2d 718

Majority

p. 718

The People of the State of New York, Respondent, v Alton Morgan, Appellant.

— Appeal by defendant from a judgment of the Supreme Court, Kings County (Cohen, J.), rendered April 16,1982, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The credibility of the testimony of the witnesses was an issue for the trier of fact to determine (see, e.g., People v Gruttola, 43 NY2d 116 ; People v Joyiens, 39 NY2d 197 ; People v Cook, 99 AD2d 552 ) and viewing the evidence in the light most favorable to the prosecution as we must (People v Kennedy, 47 NY2d 196 ; People v Benzinger, 36 NY2d 29 ; People v Leach, 57 AD2d 332 ), a rational trier of fact could have found that the People proved beyond a reasonable doubt that defendant knowingly possessed a loaded firearm (Jackson v Virginia, 443 US 307 ; People v Contes, 60 NY2d 620 ).

Mollen, P. J., Bracken, O’Connor and Niehoff, JJ., concur.

Cases cited

People v. Gruttola 43 NY2d 116 N.Y. 1977-11-21 p. 718
People v. Joyiens 39 NY2d 197 N.Y. 1976-04-06 p. 718
People v. Kennedy 47 NY2d 196 N.Y. 1979-06-05 p. 718
People v. Benzinger 36 NY2d 29 N.Y. 1974-12-20 p. 718
People v. Leach 57 AD2d 332 N.Y. App. Div. 1977-05-23 p. 718
Jackson v. Virginia 443 US 307 SCOTUS 1979-06-28 p. 718
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 718