Opinion
November 14, 1995
Appeal from the Supreme Court, Bronx County (Irene Duffy, J.).
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 N.Y.2d 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.