PEOPLE v. CRUZ


13 A.D.3d 390 (2004)

785 N.Y.S.2d 345

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN CRUZ, Appellant.

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

December 6, 2004.


Ordered that the judgment is affirmed.

The defendant argues that the trial court erred in failing to instruct the jury on the defenses of justification and temporary innocent possession with respect to the two counts of the indictment charging him with criminal possession of a weapon in the third degree. However, the defendant's arguments are either unpreserved for appellate review, or involve matters which are dehors the record (see People v Rodgers,

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