Appellate Division, Fourth Department · October 2, 2026 · 2026 NY Slip Op 05650
People v Davis
Read the official decision: 2026 NY Slip Op 05650
Holding The conviction for criminal possession of a weapon in the third degree was affirmed because the evidence established the defendant possessed a magazine holding 13 rounds, exceeding the statutory limit. The court held that the People were not required to prove the defendant was aware of the 2022 amendment or that DCJS conducted a sufficient outreach campaign.
The court’s words
the unrefuted evidence adduced by the People established that defendant knowingly possessed the weapon and that the weapon contained a magazine holding 13 rounds of ammunition
2026 NY Slip Op 05650, at the official text
We reject defendant's contention that the People were required to prove that he was aware of the 2022 amendment to section 265.02 (8)
2026 NY Slip Op 05650, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | October 2, 2026 |
| Citation | 2026 NY Slip Op 05650 |
| Area of law | Criminal Law |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05650 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 849 |
Recommended citation
ESQ HQ, New York Law Watch, People v Davis, 2026 NY Slip Op 05650 (Appellate Division, Fourth Department, October 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05650/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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