Criminal Law · MBE-tested

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

304 A.D.2d 844757 N.Y.S.2d 880·New York Supreme Court, Appellate Division·2003·NY

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Opinion

The People of the State of New York, Respondent, v Reality Way, Also Known as Godreality Way, Appellant. [757 NYS2d 880] [MAJORITY] 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.