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PEOPLE v. GRASSO

Ind. No. 925/12. Appeal No. 12566. Case No. 2017-970.

189 A.D.3d 486 (2020)

136 N.Y.S.3d 289

2020 NY Slip Op 07320

The People of the State of New York, Respondent, v. Luigi Grasso, Appellant.

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

Decided December 8, 2020.

Attorney(s) appearing for the Case

Stephen Chu , Interim Attorney-in-Charge, Office of the Appellate Defender, New York ( Joseph M. Nursey of counsel), and Weil, Gotshal & Manges, LLP, New York ( Amanda K. Pooler of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Sylvia Wertheimer , of counsel), for respondent.

Concur— Acosta, P.J., Gische, Oing, González, Kennedy, JJ.

Defendant failed to preserve the issue of legal insufficiency and we decline to reach it in the interest of justice. Alternatively, we find that the evidence was legally sufficient under a theory of accomplice liability to establish that defendant possessed the two pistols recovered from codefendant's person and the trunk of codefendant's car when defendants were both arrested. Initially, we find, as the People do not dispute,...

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