People v. Pinkney, 90 A.D.3d 1313 (N.Y. App. Div. 2011). · Go Syfert
People v. Pinkney, 90 A.D.3d 1313 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
78 citation events (78 in the last 25 years) across 2 distinct courts.
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discussed Cited as authority (rule) People v. Gerhard
N.Y. App. Div. · 2025 · confidence medium
The foregoing evidence, viewed in the light most favorable to the People, was legally sufficient to establish that defendant knowingly possessed the revolver ( see People v Watts , 215 AD3d at 1173 ; People v Perry , 116 AD3d 1253, 1254 [3d Dept 2014]; People v Pinkney , 90 AD3d 1313, 1314-1315 [3d Dept 2011]; see also Penal Law § 10.00 [8]).
discussed Cited as authority (rule) People v. Nagy
Wyoming Cty Ct. · 2024 · confidence medium
New York case law is legion in its recognition that a warrantless seizure of property need not be incident to an arrest, but may occur where the police have an independent basis to believe that such property constitutes evidence that will assist in the prosecution of a crime (s ee generally, People v Thomas , 188 AD2d 569, 571 [ 2nd Dep't 1992] app. den. 81 NY2d 1021 [Second Department affirming warrantless seizure of blood spattered sneakers during defendant's interview at police station]; People v Pinkney , 90 AD3d 1313, 1315 [Third Department affirming police agent's temporary seizure of an…
discussed Cited as authority (rule) People v. Nagy
Wyoming Cty Ct. · 2024 · confidence medium
New York case law is legion in its recognition that a warrantless seizure of property need not be incident to an arrest, but may occur where the police have an independent basis to believe that such property constitutes evidence that will assist in the prosecution of a crime (s ee generally, People v Thomas , 188 AD2d 569, 571 [ 2nd Dep't 1992] app. den. 81 NY2d 1021 [Second Department affirming warrantless seizure of blood spattered sneakers during defendant's interview at police station]; People v Pinkney , 90 AD3d 1313, 1315 [Third Department affirming police agent's temporary seizure of an…
discussed Cited as authority (rule) People v. Moore
N.Y. App. Div. · 2024 · confidence medium
"Possession can be actual or constructive ( see Penal Law § 10.00 [8]) and constructive possession can be established by either direct or circumstantial evidence" ( People v Pinkney , 90 AD3d 1313, 1314 [3d Dept 2011] [citation omitted]).
discussed Cited as authority (rule) People v. Moore
N.Y. App. Div. · 2024 · confidence medium
"Possession can be actual or constructive ( see Penal Law § 10.00 [8]) and constructive possession can be established by either direct or circumstantial evidence" ( People v Pinkney , 90 AD3d 1313, 1314 [3d Dept 2011] [citation omitted]).
discussed Cited as authority (rule) People v. Haas
N.Y. App. Div. · 2022 · confidence medium
Bearing in mind that "[s]earch warrant applications should not be read in a hypertechnical manner as if they were entries in an essay contest, but must be considered in the clear light of everyday experience and accorded all reasonable inferences" ( People v Rogers , 94 AD3d 1246, 1247 [3d Dept 2012] [internal quotation marks, brackets, ellipsis and citation omitted], lv denied 19 NY3d 977 [2012]), this information, in our view, supplied the requisite connection between defendant on the one hand and the storage unit and seized cameras on the other ( see People v Pasco , 134 AD3d 1257, 1258 [3d…
discussed Cited as authority (rule) People v. Abdullah
N.Y. App. Div. · 2022 · confidence medium
Thus, we find that the evidence produced at trial was legally sufficient to support the convictions of criminal possession of a weapon in the third degree ( see People v Hernandez , 180 AD3d 1234, 1236 [2020], lv denied 35 NY3d 993 [2020]; People v Pinkney , 90 AD3d 1313, 1314-1315 [2011]; People v Johnson , 79 AD3d 1264, 1265 [2010], lvs denied 16 NY3d 832 [2011]; People v Erickson , 45 AD3d 902, 903 [2007], lv denied 9 NY3d 1033 [2008]). [FN2] As to the weight of the evidence, a different verdict would not have been unreasonable had the jury credited defendant's version of the events.
discussed Cited as authority (rule) People v. Herron
N.Y. App. Div. · 2021 · confidence medium
Nevertheless, we conclude that the remaining information in the warrant application provided probable cause for the warrant ( see People v Rhodafox , 134 AD3d 1581 , 1582 [4th Dept 2015], lv denied 27 NY3d 1005 [2016]; People v Leary , 70 AD3d 1394, 1395 [4th Dept 2010], lv denied 14 NY3d 889 [2010]) inasmuch as it was sufficient to support a reasonable belief that evidence of the thefts could be found in defendant's residence ( see People v Pinkney , 90 AD3d 1313, 1315-1316 [3d Dept 2011]; People v White , 258 AD2d 677, 678 [2d Dept 1999]; People v Martin , 163 AD2d 865, 865 [4th Dept 1990]).
discussed Cited as authority (rule) People v. Green
N.Y. App. Div. · 2021 · confidence medium
Accordingly, even accepting trial counsel's representation that there was no strategic reason for his failure to specifically ask about the prior attorney-client relationship, "defendant is entitled to a fair trial, not one that is error free," and there is no reason to believe that the juror was biased or that the potential error otherwise deprived defendant of a fair trial ( People v Pinkney , 90 AD3d 1313, 1316 [2011]; see People v Thompson , 21 NY3d at 560 ; People v Perry , 154 AD3d 1168, 1171 [2017]).
discussed Cited as authority (rule) People v. McCoy
N.Y. App. Div. · 2019 · confidence medium
However, we emphasize that constructive possession may be established through either direct or circumstantial evidence ( see People v McGough , 122 AD3d 1164 , 1166 [2014], lv denied 24 NY3d 1220 [2015]) and "may be found 'even though others may have access to [the] premises'" ( People v Stewart , 95 AD3d 1363 , 1364 [2012], lv denied 19 NY3d 1001 [2012], quoting People v Pinkney , 90 AD3d 1313, 1314-1315 [2011]).
discussed Cited as authority (rule) People v. Jemmott
N.Y. App. Div. · 2018 · confidence medium
Contrary to defendant's argument, a finding of exclusive access to the area where a weapon is found is not necessary to establish constructive possession ( see People v Victor , 139 AD3d 1102, 1105 [2016], lv denied 28 NY3d 1076 [2016]; People v Pinkney , 90 AD3d 1313, 1314-1315 [2011]), and constructive possession may be established through circumstantial evidence ( see People v Perry , 116 AD3d at 1254 ).
discussed Cited as authority (rule) People v. Alberts
N.Y. App. Div. · 2018 · confidence medium
We also reject defendant's contention that the search warrant was not supported by probable cause. "[I]n order to establish probable cause for the issuance of a search warrant, the warrant application must demonstrate that there is 'sufficient information to support a reasonable belief that evidence of a crime may be found in a certain place'" ( People v Pinkney , 90 AD3d 1313, 1315 [2011], quoting People v Church , 31 AD3d 892, 894 [2006], lv denied 7 NY3d 866 [2006]; see People v Pasco , 134 AD3d 1257, 1258 [2015]).
discussed Cited as authority (rule) People v. Richardson
N.Y. App. Div. · 2017 · confidence medium
The fact that it took approximately six hours from the time of the initial entry for the police to obtain the warrant does not change our view (see People v Pinkney, 90 AD3d 1313, 1316 [3d Dept 2011]).
discussed Cited as authority (rule) People v. Perry
N.Y. App. Div. · 2017 · confidence medium
First, addressing voir dire, “[a] counsel’s decision to challenge a potential juror is a tactical one that this Court will not typically second-guess” (People v Pinkney, 90 AD3d 1313, 1316-1317 [2011]).
discussed Cited as authority (rule) People v. Shimburski
N.Y. App. Div. · 2017 · confidence medium
We conclude that such information was sufficient to support a reasonable belief on the part of the police that evidence of the thefts could be found in defendant’s residence (see People v Pinkney, 90 AD3d 1313, 1315 [2011]; People v Church, 31 AD3d 892, 894 [2006], lv denied 7 NY3d 866 [2006]).
discussed Cited as authority (rule) People v. Brooks
N.Y. App. Div. · 2017 · confidence medium
A search warrant approved by a magistrate is presumed valid and will be upheld if the warrant application demonstrates that there was “sufficient information to support a reasonable belief that evidence of a crime may be found in a certain place” (People v Pinkney, 90 AD3d 1313, 1315 [2011] [internal quotation marks and citation omitted]; see People v Church, 31 AD3d 892, 894 [2006], lv denied 7 NY3d 866 [2006]).
discussed Cited as authority (rule) People v. Victor
N.Y. App. Div. · 2016 · confidence medium
The factual information contained in Officer Michael Purdy’s supporting deposition, which was attached to the search warrant application, was based in part upon a recorded jail telephone conversation between Jenkins and another individual and set forth sufficient information to support a reasonable belief that evidence of criminality would be found in the storage unit (see People v Pinkney, 90 AD3d 1313, 1315-1316 [2011]; People v Church, 31 AD3d at 894 ).
discussed Cited as authority (rule) People v. Butler
N.Y. App. Div. · 2015 · confidence medium
We disagree. *1123 Constructive possession can be demonstrated where there is evidence — either direct or circumstantial — that defendant exercised “dominion and control over the weapon or the area in which it was found” (People v Bellamy, 118 AD3d 1113, 1114 [2014]; see People v Perry, 116 AD3d 1253, 1254 [2014]; People v Dawson, 110 AD3d 1350 , 1352 [2013], lv denied 23 NY3d 1035 [2014]; People v Stewart, 95 AD3d 1363, 1364 [2012], lv denied 19 NY3d 1001 [2012]; People v Pinkney, 90 AD3d 1313, 1314 [2011]).
discussed Cited as authority (rule) People v. Edwards
N.Y. App. Div. · 2015 · confidence medium
While defendant argues that Anderson and two other individuals had spent the night in the apartment, constructive possession can be found “ ‘even though others may have access to [the] premises’ ” (People v Stewart, 95 AD3d 1363, 1364 [2012], lv denied 19 NY3d 1001 [2012], quoting People v Pinkney, 90 AD3d 1313, 1314-1315 [2011]; see People v Bellamy, 118 AD3d at 1114 ).
discussed Cited as authority (rule) People v. Edwards
N.Y. App. Div. · 2015 · confidence medium
While defendant argues that Anderson and two other individuals had spent the night in the apartment, constructive possession can be found “ ‘even though others may have access to [the] premises’ ” (People v Stewart, 95 AD3d 1363, 1364 [2012], lv denied 19 NY3d 1001 [2012], quoting People v Pinkney, 90 AD3d 1313, 1314-1315 [2011]; see People v Bellamy, 118 AD3d at 1114 ).
discussed Cited as authority (rule) People v. McGough
N.Y. App. Div. · 2014 · confidence medium
Such possession may be shown through direct or circumstantial evidence, and does not require proof that no one else had access to the contraband or the premises (see People v Stewart, 95 AD3d 1363, 1364 [2012], lv denied 19 NY3d 1001 [2012]; People v Pinkney, 90 AD3d 1313, 1314-1315 [2011]).
discussed Cited as authority (rule) People v. McGough
N.Y. App. Div. · 2014 · confidence medium
Such possession may be shown through direct or circumstantial evidence, and does not require proof that no one else had access to the contraband or the premises (see People v Stewart, 95 AD3d 1363, 1364 [2012], lv denied 19 NY3d 1001 [2012]; People v Pinkney, 90 AD3d 1313, 1314-1315 [2011]).
cited Cited as authority (rule) People v. Bellamy
N.Y. App. Div. · 2014 · confidence medium
Exclusive access, however, is not required to sustain a finding of constructive possession (see People v Stewart, 95 AD3d at 1364 ; People v Pinkney, 90 AD3d 1313, 1314-1315 [2011]).
cited Cited as authority (rule) People v. Bellamy
N.Y. App. Div. · 2014 · confidence medium
Exclusive access, however, is not required to sustain a finding of constructive possession (see People v Stewart, 95 AD3d at 1364 ; People v Pinkney, 90 AD3d 1313, 1314-1315 [2011]).
discussed Cited as authority (rule) People v. Perry
N.Y. App. Div. · 2014 · confidence medium
Such constructive possession may be established through either direct or circumstantial evidence (see People v Brian, 84 NY2d 887, 889 [1994]; People v Pinkney, 90 AD3d 1313, 1314 [2011]), and may be found even though others have access to the contraband or the area where it is located (see People v Torres, 68 NY2d 677, 679 [1986]; People v Pinkney, 90 AD3d at 1314-1315 ; People v Edwards, 39 AD3d 1078, 1079 [2007]).
discussed Cited as authority (rule) People v. Dashnaw
N.Y. App. Div. · 2014 · confidence medium
Here, counsel’s tactical decision to thoroughly explore each potential juror’s prior knowledge of the case in an effort to ascertain the extent to which either the pretrial publicity or this Court’s reversal of the prior judgment of conviction may have influenced the juror’s ability to return a fair and impartial verdict reflected a legitimate trial strategy (cf. People v Anderson, 113 AD3d 1102, 1103 [2014]; People v Pinkney, 90 AD3d 1313, 1316-1317 [2011]; People v Garrow, 75 AD3d 849, 852 [2010]) and, based upon our review of the record as a whole, we are satisfied that defendant re…
discussed Cited as authority (rule) People v. Dashnaw
N.Y. App. Div. · 2014 · confidence medium
Here, counsel’s tactical decision to thoroughly explore each potential juror’s prior knowledge of the case in an effort to ascertain the extent to which either the pretrial publicity or this Court’s reversal of the prior judgment of conviction may have influenced the juror’s ability to return a fair and impartial verdict reflected a legitimate trial strategy (cf. People v Anderson, 113 AD3d 1102, 1103 [2014]; People v Pinkney, 90 AD3d 1313, 1316-1317 [2011]; People v Garrow, 75 AD3d 849, 852 [2010]) and, based upon our review of the record as a whole, we are satisfied that defendant re…
discussed Cited as authority (rule) People v. Perry
N.Y. App. Div. · 2014 · confidence medium
Such constructive possession may be established through either direct or circumstantial evidence (see People v Brian, 84 NY2d 887, 889 [1994]; People v Pinkney, 90 AD3d 1313, 1314 [2011]), and may be found even though others have access to the contraband or the area where it is located (see People v Torres, 68 NY2d 677, 679 [1986]; People v Pinkney, 90 AD3d at 1314-1315 ; People v Edwards, 39 AD3d 1078, 1079 [2007]).
discussed Cited as authority (rule) People v. Dawson (2×) also: Cited "see"
N.Y. App. Div. · 2013 · confidence medium
Simply put, the warrant application and supporting documentation, which described the contraband found — in plain view — at the scene and established that the dwelling in question was defendant’s residence, provided “sufficient information to support a reasonable belief that evidence of a crime may be found [therein]” (People v Pinkney, 90 AD3d 1313, 1315 [2011] [internal quotation marks and citations omitted]; accord People v Vanness, 106 AD3d 1265, 1266 [2013]).
discussed Cited as authority (rule) People v. Dawson (2×) also: Cited "see"
N.Y. App. Div. · 2013 · confidence medium
Simply put, the warrant application and supporting documentation, which described the contraband found — in plain view — at the scene and established that the dwelling in question was defendant’s residence, provided “sufficient information to support a reasonable belief that evidence of a crime may be found [therein]” (People v Pinkney, 90 AD3d 1313, 1315 [2011] [internal quotation marks and citations omitted]; accord People v Vanness, 106 AD3d 1265, 1266 [2013]).
discussed Cited as authority (rule) People v. Cade
N.Y. App. Div. · 2013 · confidence medium
Here, the record reveals that counsel engaged in relevant motion practice, presented appropriate opening and closing statements, effectively cross-examined the People’s witnesses and registered appropriate objections. 3 Under such circumstances, we are satisfied that defendant received meaningful representation (see People v Wilbur, 108 AD3d 878, 880 [2013]; People v Pinkney, 90 AD3d 1313, 1317 [2011]).
discussed Cited as authority (rule) People v. Cade
N.Y. App. Div. · 2013 · confidence medium
Here, the record reveals that counsel engaged in relevant motion practice, presented appropriate opening and closing statements, effectively cross-examined the People’s witnesses and registered appropriate objections. 3 Under such circumstances, we are satisfied that defendant received meaningful representation (see People v Wilbur, 108 AD3d 878, 880 [2013]; People v Pinkney, 90 AD3d 1313, 1317 [2011]).
discussed Cited as authority (rule) People v. Sheppard
N.Y. App. Div. · 2013 · confidence medium
As defendant admitted that he had been previously convicted of a crime, the People were required to prove at trial only that defendant possessed a firearm (see Penal Law §§ 265.01 [1]; 265.02 [1]; People v Pinkney, 90 AD3d 1313, 1314 [2011]).
discussed Cited as authority (rule) People v. Sheppard
N.Y. App. Div. · 2013 · confidence medium
As defendant admitted that he had been previously convicted of a crime, the People were required to prove at trial only that defendant possessed a firearm (see Penal Law §§ 265.01 [1]; 265.02 [1]; People v Pinkney, 90 AD3d 1313, 1314 [2011]).
discussed Cited as authority (rule) People v. Toye
N.Y. App. Div. · 2013 · confidence medium
Under these circumstances, we are satisfied that defendant received meaningful representation (see People v McRobbie, 97 AD3d 970, 972 [2012], Iv denied 20 NY3d 934 [2012]; People v Pinkney, 90 AD3d 1313, 1317 [2011]; People v Battease, 74 AD3d at 1575-1576).
discussed Cited as authority (rule) People v. Toye
N.Y. App. Div. · 2013 · confidence medium
Under these circumstances, we are satisfied that defendant received meaningful representation (see People v McRobbie, 97 AD3d 970, 972 [2012], Iv denied 20 NY3d 934 [2012]; People v Pinkney, 90 AD3d 1313, 1317 [2011]; People v Battease, 74 AD3d at 1575-1576).
discussed Cited as authority (rule) People v. Castor
N.Y. App. Div. · 2012 · confidence medium
The record establishes that no search occurred before the warrant arrived and that the police entered defendant’s home only to read the purported suicide note to the person preparing the search warrant application and to provide water to defendant’s dogs (see People v Pinkney, 90 AD3d 1313, 1316 [2011]).
discussed Cited as authority (rule) People v. Castor
N.Y. App. Div. · 2012 · confidence medium
The record establishes that no search occurred before the warrant arrived and that the police entered defendant’s home only to read the purported suicide note to the person preparing the search warrant application and to provide water to defendant’s dogs (see People v Pinkney, 90 AD3d 1313, 1316 [2011]).
discussed Cited as authority (rule) People v. McRobbie
N.Y. App. Div. · 2012 · confidence medium
Defendant alleges multiple errors, but the record reveals that counsel was prepared and presented a plausible defense, made relevant objections during trial, gave cogent and consistent opening and closing statements, cross-examined witnesses, and made an appropriate posttrial motion (see People v Pinkney, 90 AD3d 1313, 1317 [2011]; compare People v Miller, 63 AD3d 1186, 1187-1188 [2009]).
discussed Cited as authority (rule) People v. McRobbie
N.Y. App. Div. · 2012 · confidence medium
Defendant alleges multiple errors, but the record reveals that counsel was prepared and presented a plausible defense, made relevant objections during trial, gave cogent and consistent opening and closing statements, cross-examined witnesses, and made an appropriate posttrial motion (see People v Pinkney, 90 AD3d 1313, 1317 [2011]; compare People v Miller, 63 AD3d 1186, 1187-1188 [2009]).
cited Cited as authority (rule) People v. Buchanan
N.Y. App. Div. · 2012 · confidence medium
People v Pinkney, 90 AD3d 1313, 1314-1315 [2011] [a defendant may be found guilty of constructive criminal possession of a weapon located on premises even though others may have had access thereto]).
cited Cited as authority (rule) People v. Buchanan
N.Y. App. Div. · 2012 · confidence medium
People v Pinkney, 90 AD3d 1313, 1314-1315 [2011] [a defendant may be found guilty of constructive criminal possession of a weapon located on premises even though others may have had access thereto]).
discussed Cited as authority (rule) People v. Stewart
N.Y. App. Div. · 2012 · confidence medium
While there is no evidence that defendant actually possessed the gun in the hotel room, possession can be constructive, which is established by either direct or circumstantial evidence that defendant had dominion and control over the area in which the gun was found (see People v Pinkney, 90 AD3d 1313, 1314 [2011]).
discussed Cited as authority (rule) People v. Stewart
N.Y. App. Div. · 2012 · confidence medium
While there is no evidence that defendant actually possessed the gun in the hotel room, possession can be constructive, which is established by either direct or circumstantial evidence that defendant had dominion and control over the area in which the gun was found (see People v Pinkney, 90 AD3d 1313, 1314 [2011]).
discussed Cited "see" People v. Durfey
N.Y. App. Div. · 2019 · signal: see · confidence high
Where, like here, a defendant is not found to be in physical possession of any of the seized items, "the People have to establish that [the] defendant constructively possessed the items by showing that he [or she] exercised dominion or control over the property by a sufficient level of control over the area in which the contraband [was] found" ( People v Alberts , 161 AD3d 1298 , 1300 [2018] [internal quotation marks and citation omitted], lv denied 31 NY3d 1114 [2018]; see People v Pinkney , 90 AD3d 1313, 1314 [2011]).
discussed Cited "see" PeoplevRodwell
N.Y. App. Div. · 2014 · signal: see · confidence high
Such possession "may be established through either direct or circumstantial evidence, and may be found even though others have access to the contraband or the area where it is located" (People v Perry, 116 AD3d at 1254 ; see People v Pinkney, 90 AD3d 1313, 1314-1315 [2011]). -3- 104704 Here, the trial evidence established that defendant was seen entering the basement moments before the rifle was discovered there.
discussed Cited "see" People v. Rodwell
N.Y. App. Div. · 2014 · signal: see · confidence high
Such possession “may be established through either direct or circumstantial evidence, and may be found even though others have access to the contraband or the area where it is located” (People v Perry, 116 AD3d at 1254 ; see People v Pinkney, 90 AD3d 1313, 1314-1315 [2011]).
discussed Cited "see" People v. Rodwell
N.Y. App. Div. · 2014 · signal: see · confidence high
Such possession “may be established through either direct or circumstantial evidence, and may be found even though others have access to the contraband or the area where it is located” (People v Perry, 116 AD3d at 1254 ; see People v Pinkney, 90 AD3d 1313, 1314-1315 [2011]).
discussed Cited "see" People v. Vanness
N.Y. App. Div. · 2013 · signal: see · confidence high
“A search warrant that has been approved by a reviewing magistrate is cloaked with a presumption of validity” (People v Rogers, 94 AD3d 1246, 1247 [2012], lv denied 19 NY3d 977 [2012] [citation omitted]; see People v Castillo, 80 NY2d 578, 585 [1992], cert denied 507 US 1033 [1993]). “[T]o establish probable cause for the issuance of a search warrant, the warrant application must demonstrate that there is ‘sufficient information to support a reasonable belief that evidence of a crime may be found in a certain place’ ” (People v Pinkney, 90 AD3d 1313, 1315 [2011], quoting People v C…
discussed Cited "see" People v. Vanness
N.Y. App. Div. · 2013 · signal: see · confidence high
“A search warrant that has been approved by a reviewing magistrate is cloaked with a presumption of validity” (People v Rogers, 94 AD3d 1246, 1247 [2012], lv denied 19 NY3d 977 [2012] [citation omitted]; see People v Castillo, 80 NY2d 578, 585 [1992], cert denied 507 US 1033 [1993]). “[T]o establish probable cause for the issuance of a search warrant, the warrant application must demonstrate that there is ‘sufficient information to support a reasonable belief that evidence of a crime may be found in a certain place’ ” (People v Pinkney, 90 AD3d 1313, 1315 [2011], quoting People v C…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Anthony F. Pinkney
Appellate Division of the Supreme Court of the State of New York.
Dec 22, 2011.
90 A.D.3d 1313
Stein.
Cited by 53 opinions  |  Published
Stein, J.

Lewan Leslie and his fiancée, Lakya Pinkney, were at their home together when defendant, Pinkney’s father, contacted Pinkney on her mobile telephone. Leslie heard defendant screaming obscenities and threatening Leslie, and stating that he was coming to their house to fight him. Leslie told his brother, who was also in the home, about the call and they each called the police. Leslie then saw defendant’s son (Pinkney’s brother) creeping around the steps at the front of the house with a gun in his hand. Pinkney went out to the porch and saw defendant pointing a gun at her. Defendant and his son approached the porch, while defendant allegedly waved more than one firearm and yelled at Leslie. They both walked away after a short time.

The police arrived shortly after defendant and his son left the[*1314] premises. Using the descriptions that Leslie and Pinkney supplied, the police located defendant’s son sitting on the front step of defendant’s residence, a basement apartment, drinking a beer and preparing a marihuana cigar. While the police interviewed defendant’s son, defendant came up the basement steps holding a marihuana grinder. The police secured the premises and proceeded to obtain a search warrant. In the course of executing the warrant, the officers discovered a loaded .38 caliber revolver sitting on top of a storage bin in the apartment.

Defendant was subsequently indicted for criminal possession of a weapon in the third degree and menacing in the second degree. Following a Mapp hearing, County Court found that probable cause existed for the issuance of the search warrant and denied defendant’s motion to suppress the weapon and ammunition discovered in the apartment during the execution of the warrant. After conducting a Sandoval hearing, the court denied the People permission to inquire into most of defendant’s prior convictions, with the exception of his convictions for petit larceny and criminal sale of a controlled substance. At the conclusion of a jury trial, defendant was found guilty as charged. Defendant now appeals from the judgment of conviction.

We affirm. We are unpersuaded by defendant’s contentions that his conviction for criminal possession of a weapon in the third degree is not supported by legally sufficient evidence or that it was contrary to the weight of the evidence. A person is guilty of criminal possession of a weapon in the third degree when “[sjuch person commits the crime of criminal possession of a weapon in the fourth degree as defined in [Penal Law § 265.01 (1)], and has been previously convicted of any crime” (Penal Law § 265.02 [1]).* Here, defendant challenges the element of possession, contending that the evidence failed to eliminate the possibility that the revolver found in his apartment had been placed there without his knowledge.

Possession can be actual or constructive (see Penal Law § 10.00 [8]) and constructive possession can be established by either direct or circumstantial evidence (see People v Brian, 84 NY2d 887, 889 [1994]). Constructive possession is proven by demonstrating that the defendant had “dominion and control over the area where the contraband was found” (People v Edwards, 39 AD3d 1078, 1079 [2007]), and a person may be found guilty of constructive criminal possession of a weapon found in a premises even though others may have access to[*1315] such premises (see People v Torres, 68 NY2d 677, 679 [1986]). Here, several witnesses testified that defendant had a dark-colored weapon in his hand during the incident. In addition, defendant was arrested upon exiting the apartment where a black revolver was found after the apartment had been secured. Further evidence established that defendant was one of three people who had access to the apartment (see People v Torres, 68 NY2d at 679; People v Edwards, 39 AD3d at 1079). On the other hand, defendant offered testimony that he did not actually enter the apartment after returning from Leslie’s residence and that his son had brought the weapon to Leslie’s residence and had entered and exited the basement apartment several times after they returned. In addition, there was testimony that defendant’s son was told to remove a weapon from defendant’s apartment two days earlier.

Viewing the evidence in the light most favorable to the People, we find that it was legally sufficient to convict defendant of constructive possession of the weapon found in the apartment (see People v Bleakley, 69 NY2d 490, 495 [1987]; People v Baltes, 75 AD3d 656, 658 [2010], lv denied 15 NY3d 918 [2010]; People v Somerville, 72 AD3d 1285, 1286 [2010]). Likewise, even if a different verdict would not have been unreasonable, when we view the evidence in a neutral light and accord appropriate deference to the jury’s credibility determinations, we conclude that the verdict was not against the weight of the credible evidence (see People v Romero, 7 NY3d 633, 643-644 [2006]; People v Bleakley, 69 NY2d at 495; People v Baltes, 75 AD3d at 658).

We also reject defendant’s contentions that County Court improperly denied his motion to suppress the revolver because the warrant was not supported by probable cause or, in the alternative, because the temporary seizure of his apartment was illegal. It is well settled that, in order to establish probable cause for the issuance of a search warrant, the warrant application must demonstrate that there is “sufficient information to support a reasonable belief that evidence of a crime may be found in a certain place” (People v Church, 31 AD3d 892, 894 [2006], lv denied 7 NY3d 866 [2006] [internal quotation marks and citations omitted]). Here, the application clearly indicates that the police believed that the weapon allegedly used by defendant at Leslie’s residence might be located at the apartment. The application, supported by sworn witness statements, sets forth the details of the incident wherein defendant and his son both brandished a weapon and threatened Leslie, as well as defendant’s subsequent arrest outside his apartment just after he exited therefrom. Viewing all of the facts and circumstances[*1316] together, the police officers’ belief that the weapon was in the apartment was reasonable and provided probable cause to issue the search warrant (see People v Bigelow, 66 NY2d 417, 423 [1985]; People v Church, 31 AD3d at 894; People v Aseltine, 155 AD2d 819, 819 [1989]).

With regard to the temporary seizure of the apartment prior to the issuance of the search warrant, the police secured the residence and performed only a limited security sweep of the apartment to ensure that there was no one inside (see People v Arnau, 58 NY2d 27, 34-35 [1982], cert denied 468 US 1217 [1984]; People v Binns, 299 AD2d 651, 653 [2002], lv denied 99 NY2d 612 [2003]). Notwithstanding the eight-hour delay in obtaining the search warrant, inasmuch as the police merely secured — but did not search — the apartment until after the warrant was obtained, suppression of the weapon was not required (see People v Binns, 299 AD2d at 653). In addition, because the weapon was ultimately seized pursuant to a valid search warrant, it was admissible as “the product of an independent source entirely free and distinct from [any alleged] proscribed police activity” (People v Arnau, 58 NY2d at 35; see People v Binns, 299 AD2d at 653). Thus, we find no error in County Court’s denial of defendant’s motion to suppress.

Defendant also argues that County Court erred in failing to excuse a prospective juror who questioned her own ability to be impartial and that he was denied the effective assistance of counsel due to counsel’s failure to object to that juror. In response to questioning by the court, the subject juror indicated that she had a cousin with a history of drug usage who had been convicted of a crime committed while under the influence of drugs and that she was not sure whether the cousin’s issues would impact her ability to be impartial. After County Court explained that “drug usage” was not an issue in defendant’s case, the prospective juror stated that her previous concern would not be a problem. Contrary to defendant’s contention, we are of the view that the court’s statement was accurate and that the juror’s response provided the court with the requisite assurance of impartiality; therefore, removal of the juror was not required (see People v Chambers, 97 NY2d 417, 419 [2002]; People v Johnson, 94 NY2d 600, 614 [2000]; People v McLean, 24 AD3d 1110, 1111 [2005]).

Nor was defense counsel’s failure to object to this juror “sufficiently egregious and prejudicial” so as to deprive defendant of the effective assistance of counsel (see People v Caban, 5 NY3d 143, 152 [2005]). A counsel’s decision to challenge a potential juror is a tactical one that this Court will not typically second-[*1317] guess (see People v Henderson, 45 AD3d 903, 904 [2007]). Moreover, defendant is entitled to a fair trial, not one that is error free (see People v Fulwood, 86 AD3d 809, 811 [2011]). Here, our review of the record in its entirety reveals that counsel was prepared, presented a credible defense strategy, made appropriate objections, made comprehensive opening and closing statements and thoroughly cross-examined witnesses. Overall, we are satisfied that defendant was afforded meaningful representation (see People v Young, 86 AD3d 796, 799 [2011], lv denied 17 NY3d 905 [2011]; People v Battease, 74 AD3d 1571, 1575-1576 [2010], lv denied 15 NY3d 849 [2010]).

Defendant’s remaining contentions, to the extent that they have not been specifically addressed herein, have been considered and are found to be without merit.

Spain, J.E, Rose, Kavanagh and Garry, JJ., concur. Ordered that the judgment is affirmed.

A person commits the crime of criminal possession of a weapon in the fourth degree when he or she possesses a firearm (see Penal Law § 265.01 [1]).