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PEOPLE v. FOUCHA

856 KA 17-01723.

199 A.D.3d 1456 (2021)

154 N.Y.S.3d 611

2021 NY Slip Op 06501

The People of the State of New York, Respondent, v. Lesean Foucha, Appellant.

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

Decided November 19, 2021.

Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( BRIDGET L. FIELD OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( LISA GRAY OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Curran, JJ.

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]) and criminal possession of stolen property in the fourth degree (§ 165.45[5]), defendant contends that County Court erred in instructing the jury on the automobile presumption set forth in Penal Law § 265.15(3).

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