THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JASPER CAMPBELL DEFENDANT APPELLANT (2013)

MEMORANDUM AND ORDER

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

Memorandum:  Defendant appeals from a judgment convicting him following a nonjury trial of criminal possession of a weapon in the second degree (Penal Law § 265.03[3] ).   Defendant's conviction arose out of the seizure by the police of a handgun from the floor of a vehicle in which defendant was a passenger.   Viewing the evidence in light of the elements of the crime in this nonjury trial (see People v. Danielson, 9 NY3d 343, 349), we conclude that “the verdict, based on the applicability of the automobile presumption ․, is not against the weight of the evidence” (People v. Wilburn, 50 AD3d 1617, 1618, lv denied 11 NY3d 742;  see People v. Dunnigan, 1 AD3d 930, 931–932, lv denied 1 NY3d 627;  People v. Tutt, 194 A.D.2d 575, 575–576, lv denied 82 N.Y.2d 760;  see generally People v. Bleakley, 69 N.Y.2d 490, 495).   We further conclude that the sentence is not unduly harsh or severe.

Frances E. Cafarell

Clerk of the Court