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The People of the State of New York, Respondent, v. Reality Way, Also Known as Godreality Way, Appellant

New York Supreme Court, Appellate Division2003-04-28
304 A.D.2d 844757 N.Y.S.2d 880

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Opinion

majority opinion

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 NY2d 1043, 1045 [1980]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Florio, J.P., H. Miller, Adams and Mastro, JJ., concur.