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People v. Pabon

256 A.D.2d 361 Court N.Y. App. Div. Decision date 1998-12-07 English

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p. 361
The People of the State of New York, Respondent, v Angel Pabon, Appellant.
[682 NYS2d 360]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Demakos, J.), rendered September 17, 1997, convicting him of criminal possession of a weapon in the second degree and criminal posession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally and factually insufficient to establish his guilt of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree is without merit. Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions are without merit. O’Brien, J. P., Sullivan, Krausman and Florio, JJ., concur.

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