Opinion
2001-01767
Submitted April 3, 2003.
April 28, 2003.
Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Lisa Drury, and Patricia Theodorou of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., HOWARD MILLER, THOMAS A. ADAMS, WILLIAM F. MASTRO, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered February 14, 2001, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The Supreme Court properly declined the defendant's request for a jury charge on temporary and lawful possession, since "the evidence [was] utterly at odds with any claim of innocent possession" (People v. Williams, 50 N.Y.2d 1043, 1045).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
FLORIO, J.P., H. MILLER, ADAMS and MASTRO, JJ., concur.