People v. Peterson

Appeal by the defendant from a judgment of the Supreme Court, Kings County (George, J.), rendered June 12, 1995, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established (see, CPL 470.25 [2] [d]).

As the People correctly concede, the defendant is entitled to a new trial based on the trial court’s erroneous refusal to charge the defense of temporary and lawful possession of a weapon…