The verdict was neither based on legally insufficient evidence, nor was it against the weight of the evidence. Specifically, the People proved that defendant possessed the gun with the "intent to use the same unlawfully against another" even without the benefit of the statutory presumption (Penal Law § 265.15 [4]), which was not submitted to the jury. Such intent could readily be inferred from the evidence. Defendant did not merely possess the gun but removed his glove...
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