PEOPLE v. NEWKIRK

KA 11-00583.

100 A.D.3d 1504 (2012)

953 N.Y.S.2d 801

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEQWAUN L. NEWKIRK, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

November 16, 2012.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a nonjury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]), defendant contends that the evidence is legally insufficient to establish that he possessed the loaded firearm found by the police in the basement of a suspected drug house in which he was located when the police executed a...

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