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PEOPLE v. TERNAKU

165 A.D.2d 678 (1990)

The People of the State of New York, Respondent, v. Huzri Ternaku, Appellant

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

September 11, 1990

When a person obtains possession of a weapon in the course of a lawful act, such as disarming an attacker, his temporary and lawful possession does not constitute a crime. (People v Almodovar, 62 N.Y.2d 126 [1984].) In this case, there was a reasonable view of the evidence that defendant's possession of the gun was in fact innocent, since the police officers testified that after his arrest...

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