People v. Coonan

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed.

The majority at the Appellate Division reversed defendant’s conviction on both counts, assault in the second degree and criminal possession of a weapon in the third degree, for failure of the trial court to give a charge requested by defendant that if the jury found "that the defendant picked up the gun from the ground and then was arrested immediately” he must be found not guilty. This charge was explicitly requested only with respect to the possession counts in the indictment. The failure of the trial…