Opinion
Argued March 10, 2000.
April 24, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered November 3, 1997, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and manslaughter in the second degree, upon his plea of guilty, and imposing sentence.
Richard L. Herzfeld, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.
GLORIA GOLDSTEIN, J.P., ANITA R. FLORIO, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Under the circumstances of this case, the defendant was not entitled to a charge of temporary and lawful possession of a weapon (see, People v. Medina, 237 A.D.2d 382 ).
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).