People v. Acosta

Appellate Division of the Supreme Court of New York

People v. Acosta

106 A.D.2d 508, 484 N.Y.S.2d 496, 1984 N.Y. App. Div. LEXIS 21542

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 17, 1984

StatusPublished

This text of 106 A.D.2d 508 (People v. Acosta) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Acosta, 106 A.D.2d 508, 484 N.Y.S.2d 496, 1984 N.Y. App. Div. LEXIS 21542 (N.Y. Ct. App. 1984).

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Opinion

—Appeal by defendant from a judgment of the Supreme Court, Kings County (Potoker, J.), rendered January 10,1983, convicting him of criminal possession of a weapon in the second degree and attempted assault in the second degree upon a jury verdict, and imposing sentence.

Judgment affirmed.

Upon review of the record, we find that the People clearly met their burden of proving that the firearm possessed by the defendant was a “loaded firearm” (Penal Law, § 265.00, subd 15). In view thereof, the defendant was properly convicted of criminal possession of a weapon in the second degree (Penal Law, § 265.03) and attempted assault in the second degree (Penal Law, §§ 110.00, 120.05, subd 2). Mollen, P. J., Gibbons, Thompson and Bracken, JJ., concur.

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—Appeal by defendant from a judgment of the Supreme Court, Kings County (Potoker, J.), rendered January 10,1983, convicting him of criminal possession of a weapon in the second degree and attempted assault in the second degree upon a jury verdict, and imposing sentence.

Judgment affirmed.

Upon review of the record, we find that the People clearly met their burden of proving that the firearm possessed by the defendant was a “loaded firearm” (Penal Law, § 265.00, subd 15). In view thereof, the defendant was properly convicted of criminal possession of a weapon in the second degree (Penal Law, § 265.03) and attempted assault in the second degree (Penal Law, §§ 110.00, 120.05, subd 2). Mollen, P. J., Gibbons, Thompson and Bracken, JJ., concur.

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Bluebook (online)

106 A.D.2d 508, 484 N.Y.S.2d 496, 1984 N.Y. App. Div. LEXIS 21542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-acosta-nyappdiv-1984.