AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARDO MEDINA, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the evidence did not warrant a jury instruction on the defense of temporary and lawful possession of a weapon ( see, People v Banks, 76 NY2d 799). Viewing the evidence in the light most favorable to the defendant ( see, People v Butts, 72 NY2d 746, 750), there is no reasonable view of the evidence upon which the jury could have found that the defendant had a legal excuse for possessing the weapon and that he had not used it in a dangerous manner ( see, People v Toribio, 216 AD2d 189; People v Kouvaras, 197 AD2d 638; People v Karim, 176 AD2d 670). The uncontroverted evidence established that the defendant fired a gun several times at a crowd of people, injuring two of them. The evidence was thus"` "utterly at odds" `"with any genuine claim of innocent possession ( People v Banks, supra, at 801; quoting People v Snyder, 73 NY2d 900, 902).

The defendant's remaining contentions are without merit.

Use AI to get other relevant cases.

Comments

PEOPLE v. MEDINA
(Mar 10, 1997)