People v. Pantaleon

Appellate Division of the Supreme Court of New York

People v. Pantaleon

133 A.D.3d 426, 18 N.Y.S.3d 535

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

DecidedNovember 5, 2015

Docket16068 3303/07

StatusPublished

This text of 133 A.D.3d 426 (People v. Pantaleon) 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. Pantaleon, 133 A.D.3d 426, 18 N.Y.S.3d 535 (N.Y. Ct. App. 2015).

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Opinion

Judgment, Supreme Court, Bronx County (Michael A. Gross, J. ), rendered November 29, 2011, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the fourth degree, and sentencing him to three years’ probation, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. The evidence supports the conclusion that defendant was a possessor of a pistol found in his immediate vicinity, at his work station in his long-term place of employment (see e.g. People v Mojica, 81 AD3d 506 [1st Dept 2011], lv denied 17 NY3d 808 [2011]).

None of defendant’s challenges to the prosecutor’s summation warrant reversal (see People v Overlee, 236 AD2d 133 [1st Dept 1997], lv denied 91 NY2d 976 [1998]; People v D’Alessandro, 184 AD2d 114, 118-119 [1st Dept 1992], lv denied *427 81 NY2d 884 [1993]), especially because this was a nonjury trial, where the trier of fact is presumably capable of disregarding improper arguments. Moreover, despite the purportedly unfair summation, the court acquitted defendant of the felony charges and only convicted him on one misdemeanor count. Concur — Tom, J.P., Friedman, Andrias, Gische and Kapnick, JJ.

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Judgment, Supreme Court, Bronx County (Michael A. Gross, J. ), rendered November 29, 2011, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the fourth degree, and sentencing him to three years’ probation, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. The evidence supports the conclusion that defendant was a possessor of a pistol found in his immediate vicinity, at his work station in his long-term place of employment (see e.g. People v Mojica, 81 AD3d 506 [1st Dept 2011], lv denied 17 NY3d 808 [2011]).

None of defendant’s challenges to the prosecutor’s summation warrant reversal (see People v Overlee, 236 AD2d 133 [1st Dept 1997], lv denied 91 NY2d 976 [1998]; People v D’Alessandro, 184 AD2d 114, 118-119 [1st Dept 1992], lv denied *427 81 NY2d 884 [1993]), especially because this was a nonjury trial, where the trier of fact is presumably capable of disregarding improper arguments. Moreover, despite the purportedly unfair summation, the court acquitted defendant of the felony charges and only convicted him on one misdemeanor count. Concur — Tom, J.P., Friedman, Andrias, Gische and Kapnick, JJ.

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Bluebook (online)

133 A.D.3d 426, 18 N.Y.S.3d 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pantaleon-nyappdiv-2015.

Opinion

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