—Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered January 26, 1996, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, reckless endangerment in the first degree, assault in the second degree and resisting arrest, and sentencing him, as a second violent felony offender, to concurrent terms of Ph to 15 years on the second-degree
The court properly instructed the jury that possession of an unlicensed, loaded firearm is presumptive evidence of intent to use it unlawfully against another (People v Gibbs,
Defendant was not deprived of a fair trial when the court modified its pretrial Ventimiglia (People v Ventimiglia,
The verdict was based on legally sufficient evidence. Contrary to defendant’s argument, his actions in loading and cocking the weapon and in resisting arrest constituted a sufficiently direct cause of the officer’s injury to sustain the charge of assault in the second degree (see, People v Kibbe,
We perceive no abuse of sentencing discretion. Concur — Sullivan, J. P., Williams, Rubin, Andrias and Friedman, JJ.
