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PEOPLE v. TORIBIO

216 A.D.2d 189 (1995)

629 N.Y.S.2d 210

The People of the State of New York, Respondent, v. Wenceslao Toribio, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 27, 1995

Viewing the evidence in a light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), defendant's guilt of criminal possession of a weapon in the second and third degrees was proven beyond a reasonable doubt. Under Penal Law § 265.15 (4), defendant's possession of the gun was presumptive evidence of his intent to use it...

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