PEOPLE v. THOMAS


232 A.D.2d 667 (1996)

649 N.Y.S.2d 454

The People of the State of New York, Respondent, v. Luis Thomas, Appellant

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

October 28, 1996


Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that the court erred in failing to instruct the jury that possessing a weapon for the purpose of self-defense is not unlawful. Justification based on self-defense pertains only to the use of physical force and does not apply to a crime based on the possession of a weapon, even though an element of the crime is that the defendant possessed the weapon with the intent to use it unlawfully...

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