Opinion
2015-11-5
The PEOPLE of the State of New York, Respondent, v. Pedro PANTALEON, Defendant–Appellant.
Goldstein & Weinsten, Bronx (David J. Goldstein of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Eric C. Washer of counsel), for respondent.
Goldstein & Weinsten, Bronx (David J. Goldstein of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Eric C. Washer of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Michael A. Gross, J.), rendered November 29, 2011, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the fourth degree, and sentencing him to three years' probation, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's credibility determinations. The evidence supports the conclusion that defendant was a possessor of a pistol found in his immediate vicinity, at his work station in his long-term place of employment ( see e.g. People v. Mojica, 81 A.D.3d 506, 916 N.Y.S.2d 587 [1st Dept.2011]lv. denied17 N.Y.3d 808, 929 N.Y.S.2d 568, 953 N.E.2d 806 [2011] ).
None of defendant's challenges to the prosecutor's summation warrant reversal ( see People v. Overlee, 236 A.D.2d 133, 666 N.Y.S.2d 572 [1st Dept.1997], lv. denied91 N.Y.2d 976, 695 N.E.2d 724 [1998]; People v. D'Alessandro, 184 A.D.2d 114, 118–119, 591 N.Y.S.2d 1001 [1st Dept.1992], lv. denied81 N.Y.2d 884, 597 N.Y.S.2d 945, 613 N.E.2d 977 [1993] ), especially because this was a nonjury trial, where the trier of fact is presumably capable of disregarding improper arguments. Moreover, despite the purportedly unfair summation, the court acquitted defendant of the felony charges and only convicted him on one misdemeanor count. TOM, J.P., FRIEDMAN, ANDRIAS, GISCHE, KAPNICK, JJ., concur.