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PEOPLE v. MOSS

205 A.D.2d 379 (1994)

613 N.Y.S.2d 385

The People of the State of New York, Respondent, v. Booker Moss, Also Known as Booker Morris, Appellant

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

June 16, 1994

Defendant's claim that the trial court improperly denigrated his defense of temporary and lawful possession of a weapon by instructing the jury that his possession could be found lawful only if it was "fleeting" is not preserved for review as a matter of law (CPL 470.05 [2]) and we decline to review it in the interest of justice. In any event, if we were to review it, we would find that the charge, viewed as a whole (People v Coleman, 70 N.Y.2d 817...

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