People v. Crews

Appellate Division of the Supreme Court of New York

People v. Crews

236 A.D.2d 419, 653 N.Y.S.2d 370, 1997 N.Y. App. Div. LEXIS 980

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

DecidedFebruary 3, 1997

StatusPublished

Cited by1 cases

This text of 236 A.D.2d 419 (People v. Crews) 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. Crews, 236 A.D.2d 419, 653 N.Y.S.2d 370, 1997 N.Y. App. Div. LEXIS 980 (N.Y. Ct. App. 1997).

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Opinion

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Lefkowitz, J.), rendered August 25, 1994, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was properly convicted of criminal possession of a weapon in the third degree. There was ample evidence establishing—and no evidence to the contrary—that the defendant’s gun was in his girlfriend’s car just prior to the arrival of police and that he then secreted it in his house immediately after the police arrived. Accordingly, there is no proper basis upon which to apply the clause of Penal Law § 265.02 (4) which provides that possession of a loaded firearm in one’s home shall not constitute a violation of the statute (see, People v Maniscalco, 198 AD2d 378). We have considered the defendant’s remaining contention and find it to be without merit. Rosenblatt, J. P., Ritter, Friedmann and Florio, JJ., concur.

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—Appeal by the defendant from a judgment of the County Court, Suffolk County (Lefkowitz, J.), rendered August 25, 1994, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was properly convicted of criminal possession of a weapon in the third degree. There was ample evidence establishing—and no evidence to the contrary—that the defendant’s gun was in his girlfriend’s car just prior to the arrival of police and that he then secreted it in his house immediately after the police arrived. Accordingly, there is no proper basis upon which to apply the clause of Penal Law § 265.02 (4) which provides that possession of a loaded firearm in one’s home shall not constitute a violation of the statute (see, People v Maniscalco, 198 AD2d 378). We have considered the defendant’s remaining contention and find it to be without merit. Rosenblatt, J. P., Ritter, Friedmann and Florio, JJ., concur.

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Bluebook (online)

236 A.D.2d 419, 653 N.Y.S.2d 370, 1997 N.Y. App. Div. LEXIS 980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-crews-nyappdiv-1997.

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