Opinion
March 31, 1999
Appeal from Judgment of Erie County Court, D'Amico, J. — Criminal Possession Weapon, 3rd Degree.
PRESENT: LAWTON, J. P., HAYES, WISNER, PIGOTT, JR., AND CALLAHAN, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of two counts of criminal possession of a weapon in the third degree (Penal Law § 265.02, [4]). The evidence, viewed in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620, 621), is legally sufficient to disprove defendant's defense of temporary and lawful possession of a weapon ( see, People v. Rodriguez, 237 A.D.2d 143, lv denied 89 N.Y.2d 1099). The record supports the jury's determination that defendant did not have a legal excuse for having the weapon in his possession ( see, People v. Banks, 76 N.Y.2d 799, 801; People v. Williams, 50 N.Y.2d 1043, 1045). The sentence is neither unduly harsh nor severe.