Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Miguel Cruz, Appellant

247 A.D.2d 306668 N.Y.S.2d 884·New York Supreme Court, Appellate Division·1998·NY

Concur — Rosenberger, J. P., Wallach, Williams and Tom, JJ.

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Opinion

The People of the State of New York, Respondent, v Miguel Cruz, Appellant. [668 NYS2d 884] [MAJORITY] Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered January 30, 1996, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him to a term of 3½ to 7 years, unanimously affirmed. The court’s supplemental instructions were proper. We agree with the court that the prosecution’s case was based on both direct and circumstantial evidence (see, People v Daddona, 81 NY2d 990; People v Cedeno, 175 AD2d 767, lv denied 79 NY2d 854). In any event, the supplemental instructions conveyed the appropriate standards concerning circumstantial evidence (see, People v Ford, 66 NY2d 428, 442; People v Morris, 36 NY2d 877). Concur — Rosenberger, J. P., Wallach, Williams and Tom, JJ.