PEOPLE v. WILLIAMS


50 N.Y.2d 1043 (1980)

The People of the State of New York, Respondent, v. Lester Williams, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1980.


Attorney(s) appearing for the Case

Gary E. Divis and William E. Hellerstein for appellant.

Eugene Gold, District Attorney (William C. Heffernan of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur in memorandum; Judge FUCHSBERG dissents and votes to reverse in a separate opinion.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Viewing the testimony in a light most favorable to the defendant (People v Steele, 26 N.Y.2d 526), the failure to grant the request to charge the jury on innocent possession of a firearm does not constitute reversible error. It is settled that possession —...

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