People v. Medina — 237 A.D.2d 382

Majority

p. 382

The People of the State of New York, Respondent, v Bernardo Medina, Appellant.

[655 NYS2d 430]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered September 19, 1994, convicting him of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the evidence did not warrant a jury instruction on the defense of temporary and lawful possession of a weapon (see, People v Banks, 76 NY2d 799 ). Viewing the evidence in the light most favorable to the defendant (see, People v Butts, 72 NY2d 746 , 750), there is no reasonable view of the evidence upon which the jury could have found that the defendant had a legal excuse for possessing the weapon and that he had not used it in a dangerous manner (see, People v Toribio, 216 AD2d 189 ; People v Kouvaras, 197 AD2d 638 ; People v Karim, 176 AD2d 670 ). The

p. 383

uncontroverted evidence established that the defendant fired a gun several times at a crowd of people, injuring two of them. The evidence was thus " ' "utterly at odds” ’ ” with any genuine claim of innocent possession (People v Banks, supra, at 801 ; quoting People v Snyder, 73 NY2d 900 , 902).

The defendant’s remaining contentions are without merit. Rosenblatt, J. P., Miller, Ritter and Goldstein, JJ., concur.

Cases cited

People v. Banks 76 NY2d 799 N.Y. 1990-07-02 p. 382
People v. Butts 72 NY2d 746 N.Y. 1988-12-20 at 750 p. 382
People v. Karim 176 AD2d 670 N.Y. App. Div. 1991-10-24 p. 382
People v. Snyder 73 NY2d 900 N.Y. 1989-02-09 at 902 p. 383