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People v. Moss

Appellate Division of the Supreme Court of New York, First Department
Jun 16, 1994
205 A.D.2d 379 (N.Y. App. Div. 1994)

Opinion

June 16, 1994

Appeal from the Supreme Court, New York County (Jeffrey Atlas, J.).


Defendant's claim that the trial court improperly denigrated his defense of temporary and lawful possession of a weapon by instructing the jury that his possession could be found lawful only if it was "fleeting" is not preserved for review as a matter of law (CPL 470.05) and we decline to review it in the interest of justice. In any event, if we were to review it, we would find that the charge, viewed as a whole (People v Coleman, 70 N.Y.2d 817), did not force the jury unduly to restrict the period of possession that could be consistent with temporary and lawful possession, and otherwise conveyed the appropriate legal standard concerning this defense (see, People v Almodovar, 62 N.Y.2d 126, 130).

Concur — Rosenberger, J.P., Ellerin, Kupferman, Nardelli and Tom, JJ.


Summaries of

People v. Moss

Appellate Division of the Supreme Court of New York, First Department
Jun 16, 1994
205 A.D.2d 379 (N.Y. App. Div. 1994)
Case details for

People v. Moss

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOOKER MOSS, Also…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 16, 1994

Citations

205 A.D.2d 379 (N.Y. App. Div. 1994)
613 N.Y.S.2d 385

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