PEOPLE v. BARNES

594 KA 19-01039.

197 A.D.3d 977 (2021)

150 N.Y.S.3d 676

2021 NY Slip Op 04863

The People of the State of New York, Respondent, v. Raekwon Barnes, Appellant.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( DEBORAH K. JESSEY OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( MINDY L. VANLEUVAN OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., NeMoyer, Troutman, Winslow and Bannister, JJ.


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

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03[3]). We reject defendant's contention that the conviction is not supported by legally sufficient evidence. "To meet their burden of proving defendant's constructive possession of the...

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