People v. Blackburn
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that County Court should have charged the jury on temporary lawful possession of a weapon. Because counsel failed to request that specific charge, defendant’s contention has not been preserved for review (see, CPL 470.05 [2]; People v Thomas, 50 NY2d 467). In any event, the evidence was insufficient to warrant that charge (see, People v Williams, 50 NY2d 1043, 1044-1045). Additionally, the court properly refused to charge justification as a defense to the crime of criminal possession of a weapon in the second degree (see, People v…
2Cases cited7 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. ThomasNew York Court of Appeals · 1980
- People v. AlmodovarNew York Court of Appeals · 1984
- People v. PonsNew York Court of Appeals · 1986
- People v. WilliamsNew York Court of Appeals · 1980
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3Cited by1 opinion
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1998