People v. Bonterre

Appellate Division of the Supreme Court of New York

People v. Bonterre

169 A.D.2d 481, 564 N.Y.S.2d 353, 1991 N.Y. App. Div. LEXIS 333

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

DecidedJanuary 15, 1991

StatusPublished

Cited by2 cases

This text of 169 A.D.2d 481 (People v. Bonterre) 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. Bonterre, 169 A.D.2d 481, 564 N.Y.S.2d 353, 1991 N.Y. App. Div. LEXIS 333 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, Bronx County (Ivan Warner, J.), rendered June 12, 1990, convicting defendant, after jury trial, of criminal possession of a weapon in the third degree, and sentencing him to an indeterminate term of 2 to 6 years’ imprisonment, unanimously affirmed. The matter is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to CPL 460.50 (5).

Defendant was arrested and charged with attempted murder in the second degree, assault in the first degree, and criminal possession of a weapon in the second and third degrees in connection with the street shooting of Paul Allen on July 13, 1988. After jury trial, defendant was found guilty of criminal possession of a weapon in the third degree.

On appeal, defendant contends that the trial court erred in refusing defendant’s request for a jury charge on temporary lawful possession of the pistol in question. Defendant testified that he had possessed the gun since the winter of 1987, had hidden it under some rocks in his backyard, and subsequently took it onto the public streets. Thus, there is no possible view of the evidence that would support the charge requested. (People v Williams, 50 NY2d 1043.)

We perceive no abuse of discretion by the trial court in imposition of sentence and in the circumstances do not find that sentence to be excessive. Concur—Sullivan, J. P., Milonas, Rosenberger, Wallach and Smith, JJ.

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Judgment, Supreme Court, Bronx County (Ivan Warner, J.), rendered June 12, 1990, convicting defendant, after jury trial, of criminal possession of a weapon in the third degree, and sentencing him to an indeterminate term of 2 to 6 years’ imprisonment, unanimously affirmed. The matter is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to CPL 460.50 (5).

Defendant was arrested and charged with attempted murder in the second degree, assault in the first degree, and criminal possession of a weapon in the second and third degrees in connection with the street shooting of Paul Allen on July 13, 1988. After jury trial, defendant was found guilty of criminal possession of a weapon in the third degree.

On appeal, defendant contends that the trial court erred in refusing defendant’s request for a jury charge on temporary lawful possession of the pistol in question. Defendant testified that he had possessed the gun since the winter of 1987, had hidden it under some rocks in his backyard, and subsequently took it onto the public streets. Thus, there is no possible view of the evidence that would support the charge requested. (People v Williams, 50 NY2d 1043.)

We perceive no abuse of discretion by the trial court in imposition of sentence and in the circumstances do not find that sentence to be excessive. Concur—Sullivan, J. P., Milonas, Rosenberger, Wallach and Smith, JJ.

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Bluebook (online)

169 A.D.2d 481, 564 N.Y.S.2d 353, 1991 N.Y. App. Div. LEXIS 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bonterre-nyappdiv-1991.

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