PEOPLE v. RODRIGUEZ


266 A.D.2d 160 (1999)

699 N.Y.S.2d 279

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL RODRIGUEZ, Appellant.

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

Decided November 30, 1999.


Defendant's sufficiency claim is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the verdict was based on legally sufficient evidence. There was ample evidence, including defendant's admission that he did not live there, that the apartment from which the gun was recovered was not defendant's home (see, Penal Law § 265.02 [4]). We further find that the verdict was not against the weight of the...

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