Majority
Motion for reargument be and the same hereby is granted to the extent that, upon reargument, the memorandum and order entered November 9, 2017 ( 155 AD3d 1547 ) is amended by deleting the fourth sentence of the fourth paragraph of the memorandum and substituting in place thereof “A firearms examiner testified that the weapon was test-fired with the ammunition found in it, and thus the evidence, viewed in the light most favorable to the People (see People v Contes, 60 NY2d 620 , 621 [1983]), is legally sufficient to support the conviction with respect to the
Present—Smith, J.P., Peradotto, Lindley, DeJoseph and Winslow, JJ.
Cases cited
- People v. Jones 155 AD3d 1547 p. 1493
- People v. Contes 60 NY2d 620 at 621 p. 1493
- People v. Bleakley 69 NY2d 490 at 495 p. 1494