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People v. Pittman

255 A.D.2d 269 Court N.Y. App. Div. Decision date 1998-11-24 English

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p. 269
The People of the State of New York, Respondent, v Richard Pittman, Appellant.
[680 NYS2d 838]

—Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered August 9, 1996, 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 2 to 4 years, unanimously affirmed.

The jury’s verdict rejecting defendant’s defense of temporary innocent possession of the gun in question was not against the weight of the evidence (People v Bleakley, 69 NY2d 490 , 495). Rather, as noted in an earlier appeal in which this Court evaluated the strength of the evidence against defendant, the evidence of guilt was overwhelming ( 228 AD2d 225 , 226, lv denied

p. 270
88 NY2d 992 ). Accordingly, we see no reason to disturb the jury’s verdict. Concur — Nardelli, J. P., Rubin, Tom and Andrias, JJ.

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