Opinion
March 31, 1992
Appeal from the Supreme Court, New York County (Renee White, J.).
The evidence that defendant grabbed an officer's weapon from his holster and pointed the weapon at the officer was sufficient to establish defendant's guilt of unlawful possession of that weapon. While the possession was brief, defendant exercised control of the weapon, and the weapon was available to him for unlawful use (People v Lemmons, 40 N.Y.2d 505, 509-510). The weapon was properly admitted into evidence on testimony providing reasonable assurances of its identity and unchanged nature (People v Julian, 41 N.Y.2d 340, 343).
Concur — Carro, J.P., Wallach, Asch, Smith and Rubin, JJ.