Opinion
February 22, 1996
Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).
Viewing the evidence in the light most favorable to defendant ( see, People v. Steele, 26 N.Y.2d 526, 529), the court properly denied his request that it consider, as trier of the facts, the defense of temporary and lawful possession, where the record shows that defendant used the weapon in a dangerous manner ( see, People v. Williams, 50 N.Y.2d 1043; People v. Karim, 176 A.D.2d 670, lv denied 79 N.Y.2d 859) and, rather than disarming his attacker, deliberately armed himself ( cf., People v. Almodovar, 62 N.Y.2d 126).
Concur — Milonas, J.P., Wallach, Ross and Mazzarelli, JJ.