People v. Legree

— Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered October 1, 1990, upon a verdict convicting defendant of the crime of promoting prison contraband in the first degree.

We reject defendant’s claim that County Court erred in refusing to charge the jury on the defense of temporary lawful possession. This defense has only been applied in cases involving the charge of criminal possession of a weapon whereas the *984charge in this case concerned possession of prison contraband (see, e.g., People v Whitehead, 123 AD2d 895; People v Richardson, 55 AD2d 514).…