PEOPLE v. RUSSO


223 A.D.2d 484 (1996)

637 N.Y.S.2d 82

The People of the State of New York, Respondent, v. Joseph Russo, Also Known as Joseph Gross, Appellant

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

January 25, 1996


The People's uncontroverted evidence was sufficient to establish defendant's guilt beyond a reasonable doubt where it demonstrated defendant's presence in the automobile at the time the three firearms were seized therein (Penal Law § 265.15 [3]).

Evidence at a hearing, including medical testimony that defendant had no need for a wheelchair, amply supported the court's decision to require defendant to sit in a courtroom chair, and not a wheelchair, while present...

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