People v. Hancock
Cases that cite this one
4 later published cases cite this decision.
- People v. Moore (Appellate Division of the Supreme Court of New York 2020)
- HAWKINS, LAWRENCE, PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
- People v. Hawkins (Appellate Division of the Supreme Court of New York 2014)
- People v. Hawkins (Appellate Division of the Supreme Court of New York 2014)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a judgment of the Monroe County Court (John J. Connell, J.), rendered December 6, 2004. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the third degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unaniniously affirmed.
Memorandum: On appeal from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]), defendant contends that County Court erred in refusing to give a justification charge. We reject that contention. “It is well settled that justification is not a defense to a weapon possession count” (People v White, 168 AD2d 962, 963-964 [1990], lv denied 77 NY2d 968 [1991]). The contention of defendant that a justification charge was proper because he had temporary innocent possession of the weapon is unpreserved for our review (see CPL 470.05 [2]) and, in any event, that contention is without merit (see People v Almodovar, 62 NY2d 126, 130-131 [1984]).
Defendant asked the court to charge criminal possession of a weapon in the third degree as a lesser included offense of criminal possession of a weapon in the second degree, despite the correct responsive statement of the People that it is not in fact a lesser included offense (see People v Leon, 7 NY3d 109, 112 [2006]; People v Okafore, 72 NY2d 81, 89 n 3 [1988]). We thus conclude that defendant waived his present contention that the court erred in so charging the jury (see CPL 300.50 [1]; see also
Case-law data current through September 30, 2026. Source: CourtListener bulk data.