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People v. Reality Way

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 2003
304 A.D.2d 844 (N.Y. App. Div. 2003)

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.


DECISION ORDER


Summaries of

People v. Reality Way

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 2003
304 A.D.2d 844 (N.Y. App. Div. 2003)
Case details for

People v. Reality Way

Case Details

Full title:THE PEOPLE, ETC., respondent, v. REALITY WAY, a/k/a GODREALITY WAY…

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

Date published: Apr 28, 2003

Citations

304 A.D.2d 844 (N.Y. App. Div. 2003)
757 N.Y.S.2d 880

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