Defendant’s Appeal Denied in New York Gun Case

In a recent New York gun case, the court in its decision denied the defendant’s appeal. Originally, the defendant was convicted of criminal possession of a weapon after he had an altercation with a woman on the side of the road. On appeal, he argued that there was not enough evidence to support the guilty verdict. The court sustained the verdict, disagreeing with the defendant’s main argument.

Facts of the Case

The incident leading to this case unfolded one evening in 2017 when the defendant was charged after he got into a fight with a woman on the street. According to the victim, she and a friend were walking one evening when they were almost hit by a red car that appeared to be recklessly driving. The defendant in this case emerged from the passenger seat, beginning the altercation between the defendant and the victim. The defendant punched the victim in the face, grabbed her purse, and ran to the car. At the same time, the victim saw the defendant grabbing what appeared to be a gun.

The defendant then yelled at the victim, “I’m a shooter” and ran away. Several hours later, police officers found the defendant and searched his home. During this search, officers found a loaded handgun hidden in a boot. Later, the defendant was indicted and charged with criminal possession of a weapon in the second degree, menacing in the second degree, and assault in the third degree.

The Decision

On appeal, the defendant made several arguments, one of which was that there was not enough evidence to support the guilty verdict given to him by the trial court. According to the defendant, the State did not have enough legal evidence to make a legitimate case against him, and the conviction should be overturned. The court, looking at the evidence in question, disagreed.

The defendant did not dispute that he was, in fact, involved in an altercation with the victim. In an interview with a detective, he acknowledged that he had grabbed the victim’s shirt and pushed her away. He did not admit, however, that he harmed the victim in any way or that he possessed a firearm at the time of the altercation.

The court reached its verdict by concluding that the victim’s testimony around the details of the incident was “legally sufficient evidence” to sustain the convictions. What’s more, the weapon that the police found in the defendant’s home aligned with the description of the weapon that the victim reported seeing on the defendant’s person. DNA on the weapon also matched with DNA from the defendant, supporting the conclusion that the gun belonged to the defendant. With these facts in mind, the court disagreed with the defendant’s argument and affirmed his guilty verdict.

Have You Been Charged with Unlawful Weapon Possession in New York?

If you are facing weapons charges in New York, it is in your best interest to hire a qualified, hardworking criminal defense attorney who can help you protect your rights. At Tilem & Associates, we will work with you to craft a personalized, aggressive defense strategy with the ultimate goal of making sure your voice is heard. For a free and confidential consultation, give us a call at 877-377-8666.


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