PEOPLE v. LEWIS

435 KA 19-01122.

208 A.D.3d 989 (2022)

172 N.Y.S.3d 792

2022 NY Slip Op 04846

The People of the State of New York, Respondent, v. Charles L. Lewis, Appellant.

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

Decided August 4, 2022.


Attorney(s) appearing for the Case

LEANNE LAPP , PUBLIC DEFENDER, CANANDAIGUA, D.J. & J.A. CIRANDO, PLLC, SYRACUSE ( JOHN A. CIRANDO OF COUNSEL), FOR DEFENDANT-APPELLANT.

JAMES B. RITTS , DISTRICT ATTORNEY, CANANDAIGUA ( V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.

Present —Whalen, P.J., Smith, Peradotto, Curran and Bannister, JJ.


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

Memorandum: Defendant, a transgender female, appeals from a judgment convicting her upon a jury verdict of criminal possession of a controlled substance in the third degree (Penal Law § 220.16[1]). Defendant contends, and the dissent agrees, that the conviction is not supported by legally sufficient evidence because a rational jury could not have found from the trial evidence that defendant...

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