PEOPLE v. ROCCAFORTE


141 A.D.2d 775 (1988)

The People of the State of New York, Respondent, v. Peter Roccaforte, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 20, 1988


Ordered that the judgment is affirmed.

At trial, the defendant advanced the defense of temporary innocent possession of the gun in question (see, Penal Law § 265.20 [a] [1] [f]; § 25.00 [1]). By means of his own testimony, the testimony of a friend and a statement admitted as a declaration against interest, the defendant asserted that he was given the gun by a friend in Staten Island shortly before his arrest, and that he intended to surrender the...

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