People v. Powell

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered March 30, 1989, convicting him of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that he was prejudiced by the court’s instructions to the jury, which differed from the theory of the prosecution’s case as stated in the bill of particulars. That part of the bill of particulars relevant to the count *519charging the defendant with…