PEOPLE v. GALINDO

8681, 4717/09.

101 A.D.3d 408 (2012)

955 N.Y.S.2d 24

2012 NY Slip Op 8246

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OLIVERIO GALINDO, Appellant.

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

December 4, 2012.


With regard to the conviction under Penal Law § 265.03 (1) (b), the circumstances of defendant's possession of a loaded firearm, viewed in light of the statutory presumption of unlawful intent (Penal Law § 265.15 [4]), provided legally sufficient evidence of defendant's intent to use a weapon unlawfully against another. Evidence that defendant's shooting of his cousin was accidental did not warrant a different conclusion, since the People were not required to prove...

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