People v. Bettis

—Judgment, Supreme Court, Bronx County (Elbert Hinkson, J., at jury trial; Denis Boyle, J., at sentencing), rendered June 13, 1996, convicting defendant of criminal possession of a weapon in the third degree and theft of services, and sentencing him, as a second felony offender, to concurrent prison terms of 3 to 6 years and 5 days, respectively, unanimously affirmed.

Defendant’s claim that the court should have instructed the jury concerning the element of operability in its charge on criminal possession of a weapon is one requiring preservation (People v Henry, 236 AD2d 888, lv denied 90…