PEOPLE v. JAMES


40 A.D.3d 281 (2007)

836 N.Y.S.2d 26

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEMETRIUS JAMES, Appellant.

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

Decided May 8, 2007.


The court properly declined to submit criminal possession of a weapon in the fourth degree as a lesser included offense since there was no reasonable view of the evidence, viewed most favorably to defendant, that he possessed the weapon without intent to use it unlawfully against another person. Defendant was guilty of second-degree weapon possession even under his own version of the facts (cf. People v Durand, 188 A.D.2d 747 [1992...

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