Opinion
2013-09-27
The PEOPLE of the State of New York, Respondent, v. Jasper L. CAMPBELL, Defendant–Appellant.
Appeal from a judgment of the Monroe County Court (Stephen R. Sirkin, A.J.), rendered November 18, 2008. The judgment convicted defendant, after a nonjury trial, of criminal possession of a weapon in the second degree. Peter J. Pullano, Rochester, for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
Appeal from a judgment of the Monroe County Court (Stephen R. Sirkin, A.J.), rendered November 18, 2008. The judgment convicted defendant, after a nonjury trial, of criminal possession of a weapon in the second degree.
Peter J. Pullano, Rochester, for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him following a nonjury trial of criminal possession of a weapon in the second degree (Penal Law § 265.03[3] ). Defendant's conviction arose out of the seizure by the police of a handgun from the floor of a vehicle in which defendant was a passenger. Viewing the evidence in light of the elements of the crime in this nonjury trial ( see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1), we conclude that “the verdict, based on the applicability of the automobile presumption ..., is not against the weight of the evidence” ( People v. Wilburn, 50 A.D.3d 1617, 1618, 856 N.Y.S.2d 767,lv. denied11 N.Y.3d 742, 864 N.Y.S.2d 401, 894 N.E.2d 665;see People v. Dunnigan, 1 A.D.3d 930, 931–932, 767 N.Y.S.2d 550,lv. denied1 N.Y.3d 627, 777 N.Y.S.2d 26, 808 N.E.2d 1285;*715People v. Tutt, 194 A.D.2d 575, 575–576, 598 N.Y.S.2d 324,lv denied82 N.Y.2d 760, 603 N.Y.S.2d 1002, 624 N.E.2d 188;see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). We further conclude that the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.