THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. REBECCA RUIZ DEFENDANT APPELLANT (2022)

MEMORANDUM AND ORDER

Now, upon remittitur from the Court of Appeals and having considered the facts and issues raised but not determined on the appeal to this Court,

It is hereby ORDERED that upon remittitur from the Court of Appeals, the judgment so appealed from is unanimously affirmed.

Memorandum: This case is before us upon remittitur from the Court of Appeals (People v Ruiz, — NY3d —, 2022 NY Slip Op 07092 [2022], revg 197 AD3d 915 [4th Dept 2021]). We previously reversed the judgment convicting defendant of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]), concluding that County Court erred in denying her request to instruct the jury on the defense of temporary and lawful possession of a firearm (Ruiz, 197 AD3d at 916-917). The Court of Appeals reversed our order, stating that defendant “was not entitled to the temporary and lawful possession charge” because she “used the weapon in a dangerous manner” (Ruiz, 2022 NY Slip Op 07092, *2). The Court of Appeals remitted the matter to this Court “for a determination of the facts and issues raised but not determined” previously (id.).

After review of defendant's contention upon remittitur, we conclude that the sentence is not unduly harsh and severe.

Entered: December 23, 2022

Ann Dillon Flynn

Clerk of the Court