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PEOPLE v. SMITH

59 A.D.3d 981 (2009)

874 N.Y.S.2d 344

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TRAVIOUS J. SMITH, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided February 6, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [former (2)]), defendant contends that the verdict is against the weight of the evidence. Viewing the evidence in light of the elements of the crime as charged to the jury (see People v Danielson, 9 N.Y.3d 342...

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