Ordered that the judgment is affirmed.
The defendant's argument that he was entitled to have the jury instructed on the defense of temporary innocent possession of a weapon (1 CJI [NY] 9.65) is unpreserved for appellate review. In any event, although there was evidence from which the jury could have concluded that there was a legal excuse for the defendant having the weapon in his possession, since the defendant admits that he shot the deceased twice, the weapon was...
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