People v. Kiel

Appellate Division of the Supreme Court of New York

People v. Kiel

288 A.D.2d 914, 733 N.Y.S.2d 669, 2001 N.Y. App. Div. LEXIS 10622

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

DecidedNovember 9, 2001

StatusPublished

This text of 288 A.D.2d 914 (People v. Kiel) 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. Kiel, 288 A.D.2d 914, 733 N.Y.S.2d 669, 2001 N.Y. App. Div. LEXIS 10622 (N.Y. Ct. App. 2001).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of five counts of criminal possession of a weapon in the third degree (Penal Law § 265.02 [5] [ii]) and sentencing him as a second felony offender to concurrent terms of incarceration of 3 to 6 years. We reject defendant’s contention that the verdict is against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Defendant failed to rebut the presumption that he was in possession of the loaded weapons found in the vehicle he was driving (see, Penal Law § 265.15 [3]; People v Leyva, 38 NY2d 160, 167; see also, People v Tyler, 262 AD2d 136, Iv denied 93 NY2d 1046). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Erie County Court, DiTullio, J. — Criminal Possession Weapon, 3rd Degree.) Present — Pigott, Jr., P. J., Green, Wisner, Kehoe and Burns, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of five counts of criminal possession of a weapon in the third degree (Penal Law § 265.02 [5] [ii]) and sentencing him as a second felony offender to concurrent terms of incarceration of 3 to 6 years. We reject defendant’s contention that the verdict is against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Defendant failed to rebut the presumption that he was in possession of the loaded weapons found in the vehicle he was driving (see, Penal Law § 265.15 [3]; People v Leyva, 38 NY2d 160, 167; see also, People v Tyler, 262 AD2d 136, Iv denied 93 NY2d 1046). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Erie County Court, DiTullio, J. — Criminal Possession Weapon, 3rd Degree.) Present — Pigott, Jr., P. J., Green, Wisner, Kehoe and Burns, JJ.

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Bluebook (online)

288 A.D.2d 914, 733 N.Y.S.2d 669, 2001 N.Y. App. Div. LEXIS 10622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kiel-nyappdiv-2001.

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