State v. Eubanks, 133 Conn. App. 105

Police pursuit of SUV after gunfire on New Haven green; SUV stops on highway; gunshot-related items thrown from windows.
Tanika McCotter operates SUV; defendant sits in front passenger seat; Jayeron McCotter in rear.
Thermal imager locates a .45 caliber Ruger handgun; shell casings located near Elm/College with inconclusive link to Ruger.
Defendant charged with carrying without a permit, criminal possession, firearm possession, unlawful weapon in motor vehicle, and violation of protective order.
Tanika McCotter’s Stevens testimony admitted as substantive evidence; she testified she and the passengers fired guns, though she later recanted.
Jury found defendant guilty of unlawful possession of a weapon in a motor vehicle and criminal violation of a protective order; sentenced to seven years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for unlawful possession	State argues Tanika McCotter’s testimony supports actual possession by defendant.	Eubanks contends insufficient proof he possessed a weapon in the vehicle.	Evidence sufficient when viewed with McCotter’s testimony and corroboration.
Prosecutorial impropriety in closing	State argues closing comments based on admitted testimony were proper.	Eubanks contends prosecutor relied on non-record statements as facts.	No reversible impropriety; comments harmless and within proper use of admitted evidence.

State v. Arthurs, 121 Conn.App. 520 (2010) (sufficiency review standard; appellate standard of review)
State v. Delossantos, 211 Conn. 258 (1989) (possession element in § 29-38 case law)
State v. Carey, 228 Conn. 487 (1994) (hearsay and evidentiary review in sufficiency analysis)
State v. Goriss, 108 Conn. App. 264 (2008) (jury may credit some testimony over others)
State v. Arline, 223 Conn. 52 (1992) (improper impeachment and admission of evidence)
State v. Fauci, 282 Conn. 23 (2007) (prosecutorial impropriety framework; two-step inquiry)