PEOPLE v. WALCOTT

Defendant's conviction of second-degree weapon possession was based on legally sufficient evidence and was not against the weight of the evidence. The jury was entitled, under the statutory presumption of Penal Law § 265.15 (4), to infer an intent to unlawfully use the firearm against another person from the fact of defendant's possession, in his waistband, of the gun containing three live rounds ( see, Matter of John N., 168 AD2d 386, 387), and such inference was not negated by the evidence.