Opinion
October 2, 1998
Appeal from Judgment of Jefferson County Court, Clary, J. — Criminal Possession Weapon, 3rd Degree.)
Present — Pine, J. P., Lawton, Hayes, Callahan and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted of two counts of criminal possession of a weapon in the third degree (Penal Law § 265.02, [4]) and one count each of reckless endangerment in the second degree (Penal Law § 120.20) and menacing in the third degree (Penal Law § 120.15). Upon our review of the record, we conclude that the evidence is legally sufficient to support the verdict ( see, People v. Bleakley, 69 N.Y.2d 490, 495) and that the verdict with respect to the two weapons counts is not against the weight of the evidence ( see, People v. Yeldon, 251 A.D.2d 1047; People v. De Jac, 219 A.D.2d 102, 106, lv denied 88 N.Y.2d 935). County Court properly permitted the People to introduce into evidence excerpts from the owner's manual for the weapon that defendant was charged with possessing. The manual was found in a locked briefcase, which also contained various personal papers bearing defendant's name, including defendant's membership card for the National Rifle Association. The manual was relevant to the issue of possession and therefore admissible ( see, People v. Scarola, 71 N.Y.2d 769, 777). Because defendant failed to object to the jury instruction challenged on appeal and, indeed, stipulated to that instruction before it was given, no issue with respect to the instruction is preserved for our review ( see, CPL 470.05; People v. Moyer, 237 A.D.2d 990, lv denied 89 N.Y.2d 1097).