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PEOPLE v. LEON

7 N.Y.3d 109 (2006)

850 N.E.2d 666

817 N.Y.S.2d 619

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROLANDO LEON, Appellant.

Court of Appeals of New York.

Decided June 8, 2006.

Attorney(s) appearing for the Case

Appellate Advocates, New York City (Sarah J. Berger and Lynn W.L. Fahey of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Howard B. Goodman and Leonard Joblove of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

R.S. SMITH, J.

Defendant was convicted of criminal possession of a weapon in the second degree, after the trial court rejected his request to submit to the jury a less serious charge based on the same facts. We reject the People's contention that CPL 300.40 (6) bars any challenge to the court's ruling. We affirm defendant's conviction, however, because the ruling was a proper exercise...

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