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People v. Spoto

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 18, 1992
187 A.D.2d 1017 (N.Y. App. Div. 1992)

Opinion

November 18, 1992

Appeal from the Oneida County Court, Buckley, J.

Present — Denman, P.J., Pine, Lawton, Boehm and Doerr, JJ.


Judgment unanimously affirmed. Memorandum: We conclude that defendant's conviction of three counts of criminal possession of a weapon in the third degree was supported by sufficient evidence (see, People v Poladian, 167 A.D.2d 912, 913, lv denied 77 N.Y.2d 881). We further conclude that there is no basis to disturb the suppression court's determinations that the police officers who had accompanied the City Marshals to evict defendant were lawfully present in defendant's apartment and that the weapon discovered in plain view was lawfully seized (see, People v Davis, 169 A.D.2d 16, 18-19, lv denied 79 N.Y.2d 826).

We have reviewed the remaining contentions raised by defense counsel and defendant pro se and find them to be without merit.


Summaries of

People v. Spoto

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 18, 1992
187 A.D.2d 1017 (N.Y. App. Div. 1992)
Case details for

People v. Spoto

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD S. SPOTO…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 18, 1992

Citations

187 A.D.2d 1017 (N.Y. App. Div. 1992)

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