101 A.D.2d 956 | N.Y. App. Div. | 1984
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered June 25,1982, upon a verdict convicting defendant of the crime of criminal possession of a weapon in the third degree. 11 In the early morning hours of August 18, 1981, Officer Nunzio Congemi of the Albany Police Department observed an automobile containing five males entering the Stop-N-Go Market parking lot on Central Avenue in the City of Albany. All five occupants exited the vehicle, and the officer noticed that the automobile and the occupants fit the description of the perpetrators of a robbery committed in the City of Schenectady less than an hour before. The five individuals then re-entered the vehicle and drove away, whereupon the officer stopped the vehicle, approached the driver and, as he directed his flashlight to the interior of the car, he observed the pearl handle of a revolver protruding from under the seat occupied by the driver. Defendant was seated in the rear of the vehicle. All occupants were arrested and, thereafter, defendant was indicted for criminal possession of a weapon in the third degree. He was tried and convicted of the charge contained in the indictment. This appeal ensued. H The central issue on this appeal concerns occurrences after submission of the case to the jury. They commenced their deliberations at approximately 4:15 p.m. on June 15,1982. At