People v. Ramos

Appellate Division of the Supreme Court of New York

People v. Ramos

212 A.D.2d 488, 624 N.Y.S.2d 799, 1995 N.Y. App. Div. LEXIS 2314

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

DecidedFebruary 28, 1995

StatusPublished

This text of 212 A.D.2d 488 (People v. Ramos) 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. Ramos, 212 A.D.2d 488, 624 N.Y.S.2d 799, 1995 N.Y. App. Div. LEXIS 2314 (N.Y. Ct. App. 1995).

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Opinion

—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered September 9, 1992, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to a term of from 8 years to life, unanimously affirmed.

Viewing the evidence in the light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), we find the evidence was sufficient as a matter of law to support the verdict finding defendant guilty beyond a reasonable doubt of criminal possession of a weapon in the third degree. Furthermore, upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). The issues raised by defendant concerning the credibility of prosecution testimony relating to the gun were properly placed before the jury and we find no reason to disturb its determination. Concur—Sullivan, J. P., Rosenberger, Wallach and Rubin, JJ.

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—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered September 9, 1992, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to a term of from 8 years to life, unanimously affirmed.

Viewing the evidence in the light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), we find the evidence was sufficient as a matter of law to support the verdict finding defendant guilty beyond a reasonable doubt of criminal possession of a weapon in the third degree. Furthermore, upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). The issues raised by defendant concerning the credibility of prosecution testimony relating to the gun were properly placed before the jury and we find no reason to disturb its determination. Concur—Sullivan, J. P., Rosenberger, Wallach and Rubin, JJ.

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Bluebook (online)

212 A.D.2d 488, 624 N.Y.S.2d 799, 1995 N.Y. App. Div. LEXIS 2314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ramos-nyappdiv-1995.

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