People v Sooknanan

2012 NY Slip Op 01287 [92 AD3d 810]

February 14, 2012

Appellate Division, Second Department

As corrected through Wednesday, March 28, 2012

The People of the State of New York,Respondent, v Bobby Sooknanan, Appellant.

—[*1]Lynn W. L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Caferri, and William H. Branigan of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County(Blumenfeld, J.), rendered June 23, 2010, convicting him of criminal possession of a weapon inthe third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see People v Contes,60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guiltbeyond a reasonable doubt of criminal possession of a weapon in the third degree. Moreover,upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guiltwas not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Contrary to thedefendant's contention, his conduct was not consistent with innocent possession (seegenerally People v Williams, 50 NY2d 1043, 1045 [1980]; accord People v Snyder,73 NY2d 900, 902 [1989]; People v Hawkins, 258 AD2d 472 [1999]; People vOrtiz, 172 AD2d 696 [1991]). Dillon, J.P., Florio, Chambers and Roman, JJ., concur.