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PEOPLE v. TOPSY

265 A.D.2d 353 (1999)

696 N.Y.S.2d 470

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICARDO TOPSY, Appellant.

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

Decided October 4, 1999.

Ordered that the judgment is affirmed.

The defendant possessed an unlicensed, loaded firearm. The jury was entitled to presume that the defendant intended to use it unlawfully (see, Penal Law § 265.15 [4]; People v Higdon, 162 A.D.2d 957, 958; People v Carrion, 136 A.D.2d 649, 650).

There is no merit to the defendant...

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