People v. Boyd

MEMORANDUM.

***954*766The order of the Appellate Division should be affirmed. Defendant was alleged to have unlawfully possessed both a BB gun and a Taurus firearm, but his conviction of third-degree criminal possession of a weapon involves only the Taurus firearm. The trial court did not abuse its discretion by dismissing the non-inclusory charge of unlawful possession of an air pistol or rifle which related to the BB gun (see People v. Leon, 7 N.Y.3d 109, 113, 817 N.Y.S.2d 619, 850 N.E.2d 666 [2006] ; CPL 300.40 [6 ] [a] ). The jury was free to credit defendant's theory that he possessed the…