People v. Cruz

247 A.D.2d 306, 668 N.Y.S.2d 884, 1998 N.Y. App. Div. LEXIS 1603

Opinion

Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered January 30, 1996, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him to a term of 3½ to 7 years, unanimously affirmed.

The court’s supplemental instructions were proper. We agree with the court that the prosecution’s case was based on both direct and circumstantial evidence (see, People v Daddona, 81 NY2d 990; People v Cedeno, 175 AD2d 767, lv denied 79 NY2d 854). In any event, the supplemental instructions conveyed the appropriate standards concerning circumstantial evidence (see, People v Ford, 66 NY2d 428, 442; People v Morris, 36 NY2d 877).

Concur — Rosenberger, J. P., Wallach, Williams and Tom, JJ.