PEOPLE v. CAVOLY


167 A.D.2d 859 (1990)

The People of the State of New York, Respondent, v. Brian Cavoly, Appellant

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

November 16, 1990


Judgment unanimously affirmed.

Memorandum:

The court did not err in refusing defendant's request to charge the defense of temporary and lawful possession of a weapon. To establish entitlement to this charge "`there must be proof in the record showing a legal excuse for having the weapon in [defendant's] possession, as well as facts tending to establish that, once possession has been obtained, the weapon had not been used in a dangerous manner'" (People...

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