Opinion
November 16, 1990
Appeal from the Supreme Court, Onondaga County, Gorman, J.
Present — Dillon, P.J., Doerr, Pine, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant, who was convicted of criminal possession of a weapon in the third degree, argues on appeal that the court erred in denying his request to charge the defense of temporary possession of a weapon for lawful purposes. We reject defendant's argument that such a charge was required because his possession of a weapon, although concededly without a permit, was for the purposes of engaging in a sport, i.e., target practice in an abandoned quarry (see, People v. Banks, 76 N.Y.2d 799; People v. Almodovar, 62 N.Y.2d 126, 130; People v. Williams, 50 N.Y.2d 1043, 1045; cf., People v. Whitehead, 123 A.D.2d 895).
We have examined defendant's remaining arguments on appeal and find them lacking in merit.