People v. Williams

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Viewing the testimony in a light most favorable to the defendant (People v Steele, 26 NY2d 526), the failure to grant the request to charge the jury on innocent possession of a *1045firearm does not constitute reversible error. It is settled that possession — an essential element of criminal possession of a weapon — does not turn upon physical handling of the prohibited weapon alone. There are instances, therefore, in which possession might result unavoidably from the performance of some lawful act and would not…