People v. Moss

Appellate Division of the Supreme Court of New York

People v. Moss

205 A.D.2d 379, 613 N.Y.S.2d 385, 1994 N.Y. App. Div. LEXIS 6316

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 16, 1994

StatusPublished

Cited by1 cases

This text of 205 A.D.2d 379 (People v. Moss) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Moss, 205 A.D.2d 379, 613 N.Y.S.2d 385, 1994 N.Y. App. Div. LEXIS 6316 (N.Y. Ct. App. 1994).

Pincite

Opinion

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered July 13, 1992, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of 2 Vi to 5 years, unanimously affirmed.

Defendant’s claim that the trial court improperly denigrated his defense of temporary and lawful possession of a weapon by instructing the jury that his possession could be found lawful only if it was "fleeting” is not preserved for review as a matter of law (CPL 470.05 [2]) and we decline to review it in the interest of justice. In any event, if we were to review it, we would find that the charge, viewed as a whole (People v Coleman, 70 NY2d 817), did not force the jury unduly to restrict the period of possession that could be consistent with temporary and lawful possession, and otherwise conveyed the appropriate legal standard concerning this defense (see, People v Almodovar, 62 NY2d 126, 130). Concur— Rosenberger, J. P., Ellerin, Kupferman, Nardelli and Tom, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered July 13, 1992, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of 2 Vi to 5 years, unanimously affirmed.

Defendant’s claim that the trial court improperly denigrated his defense of temporary and lawful possession of a weapon by instructing the jury that his possession could be found lawful only if it was "fleeting” is not preserved for review as a matter of law (CPL 470.05 [2]) and we decline to review it in the interest of justice. In any event, if we were to review it, we would find that the charge, viewed as a whole (People v Coleman, 70 NY2d 817), did not force the jury unduly to restrict the period of possession that could be consistent with temporary and lawful possession, and otherwise conveyed the appropriate legal standard concerning this defense (see, People v Almodovar, 62 NY2d 126, 130). Concur— Rosenberger, J. P., Ellerin, Kupferman, Nardelli and Tom, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

205 A.D.2d 379, 613 N.Y.S.2d 385, 1994 N.Y. App. Div. LEXIS 6316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-moss-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack