Opinion
March 31, 1999
Appeal from Judgment of Erie County Court, D'Amico, J. — Criminal Possession Weapon, 3rd Degree.
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.
Present — Lawton, J. P., Hayes, Wisner, Pigott, Jr., and Callahan, JJ.