People v. Leon

OPINION OF THE COURT

R.S. Smith, J.

Defendant was convicted of criminal possession of a weapon in the second degree, after the trial court rejected his request to submit to the jury a less serious charge based on the same facts. We reject the People’s contention that CPL 300.40 (6) bars any challenge to the court’s ruling. We affirm defendant’s conviction, however, because the ruling was a proper exercise of the trial court’s discretion.

Facts and Procedural History

Defendant, a drug dealer, was involved in a dispute with another drug dealer, Hattie Dukes. On the day in question, Dukes visited…