People v. Brandon

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [former (2)]) and criminal possession of a weapon in the third degree (§ 265.02 [former (4)]). We reject the contention of defendant that County Court erred in denying his request to charge criminal possession of a weapon in the fourth degree (§ 265.01 [1]) as a lesser included offense of criminal possession of a weapon in the third degree. The evidence establishes that defendant possessed a loaded firearm within the meaning of Penal Law…