Majority
Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered June 15, 1992, 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 3 to 6 years, unanimously affirmed.
Viewing the evidence in the light most favorable to the People (People v Contes, 60 NY2d 620 , 621), the jury verdict was not against the weight of the evidence since the minor inconsistencies in the officers’ testimony were explained since one officer observed defendant toss the gun in a garbage can (see, People v Hernandez, 173 AD2d 382 , Iv denied 78 NY2d 967 ).
Further, we perceive no abuse of discretion in the sentence imposed. Concur—Rosenberger, J. P., Wallach, Rubin, Kupferman and Asch, JJ.
Cases cited
- People v. Contes 60 NY2d 620 at 621 p. 237
- People v. Hernandez 173 AD2d 382 p. 237