People v. Banks

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the matter remitted to that court for further proceedings pursuant to CPL 470.40 (2) (b).

Even when viewed in the light most favorable to the defendant (People v Steele, 26 NY2d 526), there is no reasonable view of the trial evidence upon which the jury could have found defendant’s possession of a loaded .38 calibre automatic pistol to be innocent and lawful. Accordingly, the trial court properly denied defendant’s request for a charge on the defense of temporary and lawful possession.

Although the People…