| People v Medina |
| 2008 NY Slip Op 02194 [49 AD3d 342] |
| March 13, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v NoelMedina, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Sara M. Zausmer of counsel), forrespondent.
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered August 9, 2006,convicting defendant, after a jury trial, of criminal possession of a weapon in the second and thirddegrees, and sentencing him, as a second violent felony offender, to an aggregate term of eightyears, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is nobasis for disturbing the jury's determinations concerning credibility. There was no reasonableexplanation for defendant's actions other than that he was assisting the codefendant in concealinga pistol. Moreover, after the codefendant placed the pistol in the bag that defendant gave him andconcealed the gun under nearby shrubs, defendant personally pushed the bag further underneaththe shrubs. When viewed in light of the statutory presumption (Penal Law § 265.15 [4]),which was submitted to the jury without objection (see People v Noble, 86 NY2d 814[1995]), the evidence established the unlawful intent element of second-degree weaponpossession. We have considered and rejected defendant's remaining claims.Concur—Lippman, P.J., Andrias, Williams and McGuire, JJ.