Majority
p. 844The People of the State of New York, Respondent, v Reality Way, Also Known as Godreality Way, Appellant. [757 NYS2d 880]
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered February 14, 2001, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court properly declined the defendant’s
p. 845
request for a jury charge on temporary and lawful possession, since “the evidence [was] utterly at odds with any claim of innocent possession” (People v Williams, 50 NY2d 1043 , 1045 [1980]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Florio, J.P., H. Miller, Adams and Mastro, JJ., concur.
Cases cited
- People v. Suitte 90 AD2d 80 p. 845