People v. Robinson
Opinion of the Court
Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered January 3, 2006. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [former (2)]) and criminal possession of a weapon in the third degree (§ 265.02 [former (4)]). We reject defendant’s contention that Supreme Court erred in refusing to charge the defense of temporary innocent possession of the firearm that is the subject of the indictment. Viewing the evidence in the light most favorable to defendant (see People v Caldarola, 45 AD3d 600 [2007], lv denied 10 NY3d 957 [2008]), we conclude that, although there is a reasonable view of the evidence upon which the jury could have found that defendant had a lawful basis for his initial possession of the firearm, there is no reasonable view of the evidence upon which the jury could have found that defendant’s use of the firearm thereafter was lawful (see generally People v Banks, 76 NY2d 799, 801 [1990]; People v Williams, 50 NY2d 1043, 1045 [1980]).
According to his own written statement to the police as well
Finally, we conclude that the sentence is not unduly harsh or severe. Present—Scudder, EJ., Martoche, Fahey, Garni and Pine, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.