People v. DePass

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Meyerson, J.), rendered November 8, 1985, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s argument that he was entitled to have the jury instructed on the defense of temporary innocent possession of a weapon (1 CJI [NY] 9.65) is unpreserved for appellate review. In any event, although there was evidence from which the jury could have concluded that there was a legal excuse for the defendant having…