| People v Ramos |
| 2009 NY Slip Op 01292 [59 AD3d 269] |
| February 19, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Damien Ramos, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Deborah L. Morse of counsel), forrespondent.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered August 30,2007, convicting defendant, after a jury trial, of two counts of criminal possession of a weapon inthe fourth degree, and sentencing him to concurrent terms of six months, unanimously affirmed.The matter is remitted to Supreme Court, New York County, for further proceedings pursuant toCPL 460.50 (5).
The verdict was based on legally sufficient evidence. The evidence, which included, amongother things, the presence in a van of an assortment of weapons, a ski mask (in June) and sets ofdisposable gloves, warranted the inference that each of the occupants, including defendant, waspart of a group engaged in a joint criminal enterprise, and that the occupants were in jointpossession of the weapons (see Matterof Kadeem W., 5 NY3d 864 [2005]; People v Tirado, 38 NY2d 955 [1976]),regardless of the proximity of any occupant to any particular weapon. The same evidence alsosupported the conclusion that defendant possessed the knives at issue with intent to use themunlawfully.
We perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Friedman,Gonzalez, Catterson and Renwick, JJ.