Opinion
June 26, 1989
Appeal from the County Court, Nassau County (Delin, J.).
Ordered that the judgment is affirmed.
The defendant contends that the trial court committed reversible error in failing to instruct the jury on the law of "temporary and lawful" possession. The record reveals that the defendant went into the bedroom occupied by himself and another and obtained the weapon. Viewed most favorably to the defendant, the record does not warrant the conclusion that the possession was either innocent or temporary (see, People v. Almodovar, 62 N.Y.2d 126, 130; People v. Williams, 50 N.Y.2d 1043; People v Carrion, 136 A.D.2d 649; People v. Montgomery, 106 A.D.2d 410). In such circumstances, a "temporary and lawful" possession charge was not warranted (see, People v. Williams, 50 N.Y.2d 1043, 1044-1045, supra). Mangano, J.P., Bracken, Kunzeman and Eiber, JJ., concur.