People v. McCullough

OPINION OF THE COURT

Donald J. Mark, J.

The defendant was charged with two counts of criminal possession of a weapon in the second degree and one count of *525criminal possession of a weapon in the third degree for allegedly firing a handgun at two individuals, who just prior to his firing, had allegedly fired a handgun at him causing him serious physical injury. Before summations, the defendant requested that the defense of justification pursuant to Penal Law § 35.15 (2) (a) be charged (see, People v Thomas, 232 AD2d 667, lv dismissed 89 NY2d 930), and that the presumption in Penal Law § 265.15…