PEOPLE v. WILLIAMS

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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Astin WILLIAMS, Defendant-Appellant.

Decided: January 16, 1997

Before MURPHY, P.J., and SULLIVAN, ROSENBERGER, WILLIAMS and ANDRIAS, JJ. Susan Axelrod, for Respondent. Richard A. Mastrocola, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered March 2, 1994, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, two counts of intimidating a witness in the third degree, and assault in the third degree, and sentencing him to concurrent terms of 4 to 12 years on the second-degree weapon possession conviction, 2 1/3 to 7 years on the third-degree weapon possession conviction and 1 year on the assault conviction, all to run consecutively with consecutive terms of 1 to 3 years on each conviction of intimidating a witness, unanimously affirmed.

The court properly charged the jury on the permissive presumption of intent under Penal Law § 265.15(4) even though defendant's intent to use the weapon unlawfully could also be inferred from evidence of defendant's conduct (see, People v. Toribio, 216 A.D.2d 189, 629 N.Y.S.2d 210, lv. denied87 N.Y.2d 908, 641 N.Y.S.2d 238, 663 N.E.2d 1268;  People v. Evans, 106 A.D.2d 527, 531, 483 N.Y.S.2d 339).

Defendant's remaining contentions are unpreserved and without merit.

MEMORANDUM DECISION.