People v. Robinson
| Decision Date | 15 April 2010 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Alphonso ROBINSON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
72 A.D.3d 1277
The PEOPLE of the State of New York, Respondent,
v.
Alphonso ROBINSON, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
April 15, 2010.
Peter M. Torncello, Public Defender, Albany (Theresa M. Suozzi of counsel), for appellant.
P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), for respondent.
Before: PETERS, J.P., MALONE JR., KAVANAGH, McCARTHY and GARRY, JJ.
MALONE JR., J.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered March 27, 2008, upon a verdict convicting defendant of the crime of criminal possession of a weapon in the third degree.
Following a controlled drug buy from defendant made by a confidential informant in a second-floor apartment located at 41 Catherine Street in the City of Albany, police obtained a warrant to search the premises and found a handgun and some marihuana therein. Defendant was thereafter charged with criminal possession of a weapon in the third degree, criminal possession of stolen property in the fourth degree, criminal possession of marihuana in the fourth degree and criminal sale of marihuana in the fourth degree. County Court granted defendant's subsequent motion to suppress identification testimony of the confidential informant, as well as the evidence seized from his person at the time of his arrest, but denied his motion to suppress the evidence seized from the apartment.1 Following a jury trial, defendant was convicted of criminal possession of a weapon in the third degree and was sentenced, as a second felony offender, to a prison term of 3 1/2 to 7 years. Defendant appeals.
Defendant initially contends that the conviction is not supported by legally sufficient evidence and the verdict is against the weight of the evidence because the People did not establish that he constructively possessed the handgun. Another resident at 41 Catherine Street testified at trial that defendant spent a substantial amount of time in the apartment in which the handgun was found, and police officers testified that they had observed defendant coming and going from 41 Catherine Street on numerous occasions. Further, during the booking process defendant gave his residential address as 41 Catherine Street. This evidence was sufficient to establish that defendant exercised dominion and control over the apartment ( see Penal Law § 10.00 [8]; People v. Edwards, 39 A.D.3d 1078,...
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