Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established (see, CPL 470.25 [2] [d]).
As the People correctly concede, the defendant is entitled to a new trial based on the trial court's erroneous refusal to charge the defense of temporary and lawful possession of a weapon (see, People v Almodovar,
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