People v. Davis

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brennan, J.), rendered April 5, 2001, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

It is well settled that a trial court is not precluded from supplying hypothetical examples in its jury instructions to assist the jury in understanding the applicable law (see People v Johnson, 255 AD2d 337 [1998]; People v Wise, 204 AD2d 133 [1994] ). However, the hypotheticals must be fair and balanced, must not indicate to the…