People v. Reid

221 A.D.2d 213, 633 N.Y.S.2d 309, 1995 N.Y. App. Div. LEXIS 11608

Opinion

—Judgment, Supreme Court, Bronx County (Irene Duffy, J.), rendered February 3, 1994, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him to a term of 2⅓ to 7 years, unanimously affirmed.

Viewing the evidence in a light most favorable to the People, a rational trier of fact could conclude beyond a reasonable doubt that the circumstantial evidence established that defendant possessed a loaded weapon (see, People v Cabey, 85 NY2d 417, 421). Defendant’s statement that he owned a gun but did not have it on him was properly received as partial or indirect admission of guilt of the crime with which he was charged (see, Richardson, Evidence § 209, at 187 [Prince 10th ed]). We perceive no abuse of discretion in sentencing. Concur—Ellerin, J. P., Wallach, Ross, Nardelli and Tom, JJ.