People v. Brown

Appellate Division of the Supreme Court of New York, Fourth Department · 2025 · Criminal Law

2025 NY Slip Op 04338 (2025)

Updated August 1, 2026

Criminal Lawweapons possessionattemptlegal sufficiencyweight of the evidenceattempted criminal possession of a weaponinoperable firearmbelief in operability

Facts

After fleeing on foot from the scene of a drug transaction, defendant was apprehended by police while possessing a gun that the jury evidently found to be inoperable. The gun was loaded with nine rounds of ammunition. When apprehended, defendant told police, "You know how it is on these streets. Everyone needs [a gun]," suggesting he possessed it for self-protection. The appeal focused on whether the evidence showed that defendant believed the gun was operable.

Issue

Whether the evidence was legally sufficient, and the verdict supported by the weight of the evidence, to prove attempted criminal possession of a weapon where the firearm was inoperable but the People argued that defendant believed it was operable.

Rule

A defendant may be convicted of attempted criminal possession of a weapon if the defendant believes the firearm is operable, even when the firearm is in fact inoperable. On sufficiency review, the evidence is viewed in the light most favorable to the People to determine whether there is a valid line of reasoning and permissible inferences supporting that finding; on weight review, the court assesses the evidence in light of the elements as charged to the jury.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Buffalo, police stopped Devin Cole after a late-night street fight dispersed. Devin had a revolver in his waistband that was later found to have a broken firing mechanism, but it contained six live rounds. When officers recovered it, Devin said, "I carry it because people out here don't fight fair."

Is the evidence sufficient to support a conviction for attempted criminal possession of a weapon based on Devin's possession of the inoperable revolver?

Explanation. A defendant may be convicted of attempted criminal possession of a weapon when he believes the firearm is operable even if it is actually inoperable. Under the majority's reasoning, a statement showing possession for self-protection, together with public possession of a loaded gun, provides a valid line of reasoning and permissible inferences that the defendant believed the gun was operable.