Opinion
May 30, 1995
Appeal from the Supreme Court, Queens County (Eng, J.).
Ordered that the order is reversed, on the law, the defendant's motion is denied, the verdict is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The People established that the defendant constructively possessed a sawed-off shotgun based on evidence that it was found in the defendant's bedroom (see, People v Watson, 56 N.Y.2d 632) and upon the defendant's admission to the Assistant District Attorney that he possessed it during the period charged in the indictment (see, People v Reisman, 29 N.Y.2d 278, 285, cert denied 405 U.S. 1041). That other people had access to the defendant's bedroom does not alter this conclusion (see, People v Torres, 68 N.Y.2d 677; People v Tirado, 38 N.Y.2d 955).
Therefore, the Supreme Court erred in setting aside the verdict for legal insufficiency of the trial evidence. Balletta, J.P., O'Brien, Altman and Krausman, JJ., concur.