Opinion
January 30, 1997.
Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered January 10, 1994, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree and two counts of criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 8 years to life, 6 years to life and 6 years to life, respectively, unanimously affirmed.
Before: Milonas, J. P., Ellerin, Rubin and Mazzarelli, JJ.
Defendant's conviction of second-degree weapon possession was based on legally sufficient evidence and was not against the weight of the evidence. The jury was entitled, under the statutory presumption of Penal Law § 265.15 (4), to infer an intent to unlawfully use the firearm against another person from the fact of defendant's possession, in his waistband, of the gun containing three live rounds ( see, Matter of John N., 168 AD2d 386, 387), and such inference was not negated by the evidence.