PEOPLE v. HUDSON


300 A.D.2d 508 (2002)

750 N.Y.S.2d 892

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AARON HUDSON, Appellant.

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

Decided December 16, 2002.


Ordered that the judgment is affirmed.

The defendant's contention that the trial court erroneously instructed the jurors on the elements of criminal possession of a weapon in the third degree (see Penal Law § 265.02 [1]), because it omitted any reference to his prior conviction, is not preserved for appellate review (see CPL 470.05 [2]).

In any event, where, as here, "the fact that the defendant has been previously convicted of an offense...

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