People v. Reality Way

Appellate Division of the Supreme Court of New York

People v. Reality Way

304 A.D.2d 844, 757 N.Y.S.2d 880, 2003 N.Y. App. Div. LEXIS 4538

Appellate Division of the Supreme Court of the State of New York·Decided April 28, 2003·Published·Cited by 2 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered February 14, 2001, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court properly declined the defendant’s [845]*845request for a jury charge on temporary and lawful possession, since “the evidence [was] utterly at odds with any claim of innocent possession” (People v Williams, 50 NY2d 1043, 1045 [1980]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Florio, J.P., H. Miller, Adams and Mastro, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered February 14, 2001, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court properly declined the defendant’s [845]*845request for a jury charge on temporary and lawful possession, since “the evidence [was] utterly at odds with any claim of innocent possession” (People v Williams, 50 NY2d 1043, 1045 [1980]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Florio, J.P., H. Miller, Adams and Mastro, JJ., concur.

People v. Reality Way, 304 A.D.2d 844, 757 N.Y.S.2d 880, 2003 N.Y. App. Div. LEXIS 4538 (N.Y. Ct. App. 2003).

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Opinion

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