People v. Lewis

Defendant was charged with criminal possession of a weapon in the third degree based on the elements of criminal possession of a weapon in the fourth degree, elevated to the present charged felony due to a prior conviction of attempted robbery in the second degree. His contention that the jury instructions failed to provide any definition of the phrase “dangerous instrument” is unpreserved (see People v Dekle, 56 NY2d 835, 837 *443[1982]), and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. The theory of the defense at trial was that…