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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
CourtAppellate Division, Fourth Department
DecidedOctober 2, 2026
Citation2026 NY Slip Op 05650
Area of lawCriminal Law
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05650
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id849

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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Published October 2, 2026. Updated October 2, 2026.