PEOPLE v. JIMINEZ


244 A.D.2d 289 (1997)

664 N.Y.S.2d 775

The People of the State of New York, Respondent, v. Gabriel Jiminez, Appellant

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

November 25, 1997


Defendant's guilt of criminal possession of a weapon in the third degree was proven beyond a reasonable doubt and the verdict was not against the weight of the evidence. There was ample evidence, including defendant's attempt to secrete the loaded pistol in his waistband and admitted intent to take the weapon home, warranting the jury's rejection of the defense of temporary, lawful possession (see, People v Banks, 76 N.Y.2d 799

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