PEOPLE v. HOLMES

997 KA 16-01243.

199 A.D.3d 1488 (2021)

154 N.Y.S.3d 605

2021 NY Slip Op 06522

The People of the State of New York, Respondent, v. Anthony C. Holmes, Also Known as Anthony Holmes, Jr., Also Known as Tony Holmes, 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, JEFFREY WICKS, PLLC ( JEFFREY WICKS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Peradotto, Troutman, Winslow and DeJoseph, JJ.


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

Memorandum: Defendant appeals from a judgment convicting him following a nonjury 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 disprove the defense of temporary and innocent possession, and that the verdict is against the weight of the evidence. We reject those contentions. "...

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