People v. Fay

Judgment, Supreme Court, New York County (Kleiman, J.), rendered October 22,1979, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and sentencing him to a term of imprisonment of nine months, affirmed. In colloquy at the trial’s inception, out of the jury’s presence, concerning the defense strategy to the effect that the gun was planted on defendant because there was a weak robbery case, defense counsel, while acknowledging that the fact of defendant’s arrest for robbery (which charge was later dismissed) would come before the jury, argued that…