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PEOPLE v. CALDAROLA

45 A.D.3d 600 (2007)

845 N.Y.S.2d 117

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILIP CALDAROLA, Appellant.

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

Decided November 7, 2007.

Ordered that the judgment is affirmed.

The defendant's contention that the trial court erred in failing to instruct the jury on the defense of temporary innocent possession is only partially preserved for appellate review since defense counsel requested the charge solely with respect to the count of the indictment charging the defendant with criminal possession of a weapon in the third degree (see People v Gray, 86 N.Y.2d 10

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