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PEOPLE v. RUSSELL

47 A.D.3d 732 (2008)

849 N.Y.S.2d 607

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE RUSSELL, Appellant.

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

Decided January 15, 2008.

Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.

The defendant, who was charged with criminal possession of a weapon in the third degree, interposed the statutory defense of temporary lawful possession (see Penal Law § 25.00 [1]). The trial court's charge to the jury on this defense was error because it failed to clearly and...

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