Opinion
Decided May 13, 1986
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Eugene W. Bergin, J.
Louis P. Iannini and Ronald S. Carlisi for appellant.
Howard R. Relin, District Attorney (Robert Mastrocola of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed for the reasons stated in the memorandum of the Appellate Division ( 115 A.D.2d 942). The proper definition of temporary innocent possession of a dangerous weapon is that contained in People v Almodovar ( 62 N.Y.2d 126, 130).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.