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PEOPLE v. DILONE

60 A.D.3d 531 (2009)

874 N.Y.S.2d 374

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTIAN DILONE, Appellant.

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

Decided March 19, 2009.

Defendant's challenge to the sufficiency of the evidence supporting his conviction of second-degree weapon possession is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also find that the evidence of defendant's intent to use the weapon unlawfully was legally sufficient in light of the statutory presumption of unlawful intent (Penal Law § 265.15 [4]), which the court properly...

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