People v. Pinkney

90 A.D.3d 1313, 935 N.Y.2d 374
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 22, 2011
StatusPublished
Cited by53 cases

This text of 90 A.D.3d 1313 (People v. Pinkney) 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. Pinkney, 90 A.D.3d 1313, 935 N.Y.2d 374 (N.Y. Ct. App. 2011).

Opinion

Stein, J.

Lewan Leslie and his fiancée, Lakya Pinkney, were at their home together when defendant, Pinkney’s father, contacted Pinkney on her mobile telephone. Leslie heard defendant screaming obscenities and threatening Leslie, and stating that he was coming to their house to fight him. Leslie told his brother, who was also in the home, about the call and they each called the police. Leslie then saw defendant’s son (Pinkney’s brother) creeping around the steps at the front of the house with a gun in his hand. Pinkney went out to the porch and saw defendant pointing a gun at her. Defendant and his son approached the porch, while defendant allegedly waved more than one firearm and yelled at Leslie. They both walked away after a short time.

The police arrived shortly after defendant and his son left the [1314]*1314premises. Using the descriptions that Leslie and Pinkney supplied, the police located defendant’s son sitting on the front step of defendant’s residence, a basement apartment, drinking a beer and preparing a marihuana cigar. While the police interviewed defendant’s son, defendant came up the basement steps holding a marihuana grinder. The police secured the premises and proceeded to obtain a search warrant. In the course of executing the warrant, the officers discovered a loaded .38 caliber revolver sitting on top of a storage bin in the apartment.

Defendant was subsequently indicted for criminal possession of a weapon in the third degree and menacing in the second degree. Following a Mapp hearing, County Court found that probable cause existed for the issuance of the search warrant and denied defendant’s motion to suppress the weapon and ammunition discovered in the apartment during the execution of the warrant. After conducting a Sandoval hearing, the court denied the People permission to inquire into most of defendant’s prior convictions, with the exception of his convictions for petit larceny and criminal sale of a controlled substance. At the conclusion of a jury trial, defendant was found guilty as charged. Defendant now appeals from the judgment of conviction.

We affirm. We are unpersuaded by defendant’s contentions that his conviction for criminal possession of a weapon in the third degree is not supported by legally sufficient evidence or that it was contrary to the weight of the evidence. A person is guilty of criminal possession of a weapon in the third degree when “[sjuch person commits the crime of criminal possession of a weapon in the fourth degree as defined in [Penal Law § 265.01 (1)], and has been previously convicted of any crime” (Penal Law § 265.02 [1]).

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Bluebook (online)
90 A.D.3d 1313, 935 N.Y.2d 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pinkney-nyappdiv-2011.