People v. Banks

— Judgment, Supreme Court, New York County (James Leff, J.), rendered June 27, 1985, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and sentencing him to an indeterminate term of 3 to 6 years, reversed, on the law and the facts, the judgment vacated and the case remanded for a new trial.

The conviction should be reversed since the trial court erred in denying a request by defendant’s counsel for a charge on the defense of "temporary and lawful” possession. Defendant has been on parole since June 1988.

The People’s case was as follows. At…