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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Luis TORRES, Appellant.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant was properly convicted of robbery in the first degree under Penal Law § 160.15 (2) and criminal possession of a weapon in the second degree under Penal Law § 265.03 (2). The only reasonable inference that could be drawn from the chain of evidence in this fast-paced incident was that the loaded, operable pistol recovered by the police immediately after the crime was the same weapon that was used by one of the robbers ( see e.g. People v Danzler, 288 AD2d 5, lv denied 97 NY2d 753).

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PEOPLE v. TORRES
(Sep 28, 2006)