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The People of the State of New York, Respondent, v. Nelson Burgos, Appellant

New York Supreme Court, Appellate Division1999-06-22
262 A.D.2d 210691 N.Y.S.2d 764

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Opinion

majority opinion

—Judgment, Supreme Court, Bronx County (William Donnino, J.), rendered January 15, 1997, convicting defendant of two counts of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years, unanimously affirmed.

The verdict was not against the weight of the evidence. We see no reason to disturb the jury’s credibility determinations, and find that the evidence supported a reasonable inference that the weapon was defaced for the purposes set forth in Penal Law § 265.02 (3). To the extent that defendant is raising a sufficiency claim, such claim is unpreserved and we decline to review it in the interest of justice. Concur — Nardelli, J. P., Williams, Tom, Wallach and Andrias, JJ.