PEOPLE v. KELLY

1397 KA 12-00249.

134 A.D.3d 1571 (2015)

23 N.Y.S.3d 512

2015 NY Slip Op 09759

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS KELLY, JR., Appellant.

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

Decided December 31, 2015.


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

Memorandum: On appeal from a judgment convicting him following a jury trial of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]), defendant contends that the evidence is legally insufficient to support the conviction because the People failed to present evidence that he constructively possessed the handgun while he was a passenger in the minivan in which...

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