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Matter of Kwasson

Appellate Division of the Supreme Court of New York, First Department
Feb 19, 1991
170 A.D.2d 294 (N.Y. App. Div. 1991)

Opinion

February 19, 1991

Appeal from the Family Court, New York County, Judith B. Sheindlin, J.


A violation of Penal Law § 265.02 (3) requires that the weapon in question be "defaced" within the meaning of that statute, which was neither alleged in the petition and supporting deposition, nor supported by any evidence present at the fact-finding hearing.

Appellant's contention on appeal that his guilt of criminal possession of a weapon in the third degree, in violation of Penal Law § 265.02 (4), was not proven beyond a reasonable doubt, is without merit. There was ample credible testimony that police officers responding to a radio run of "a man with a gun" in the hallway of 123 East 130th Street, in Manhattan, recovered a 20-gauge shotgun from "the exact spot" on the stairway landing where one of the officers observed appellant placing it. Taken together with the recovery of a live 20-gauge shotgun shell from appellant's jacket pocket during a search incident to a lawful arrest, a reasonable trier of fact could correctly find that the elements of the crime were proven beyond a reasonable doubt. (See generally, Matter of Michael D., 109 A.D.2d 633, 634, affd 66 N.Y.2d 843.)

Concur — Sullivan, J.P., Carro, Wallach, Kupferman and Kassal, JJ.


Summaries of

Matter of Kwasson

Appellate Division of the Supreme Court of New York, First Department
Feb 19, 1991
170 A.D.2d 294 (N.Y. App. Div. 1991)
Case details for

Matter of Kwasson

Case Details

Full title:In the Matter of KWASSON B., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 19, 1991

Citations

170 A.D.2d 294 (N.Y. App. Div. 1991)