PEOPLE v. TOPSY

ORDERED that the judgment is affirmed.

The defendant possessed an unlicensed, loaded firearm. The jury was entitled to presume that the defendant intended to use it unlawfully (see, Penal Law § 265.15; People v. Higdon, 162 A.D.2d 957, 958; People v. Carrion, 136 A.D.2d 649, 650).

There is no merit to the defendant's claims of prosecutorial misconduct during the cross-examination of the defendant and during closing argument (see, People v. Whyte, 228 A.D.2d 395, lv denied 89 N.Y.2d 868, cert denied 525 U.S. 1125).

S. MILLER, J.P., SANTUCCI, SULLIVAN, and FLORIO, JJ., concur.