PEOPLE v. REEL

2015-07754. Ind. No. 181/15.

150 A.D.3d 1028 (2017)

56 N.Y.S.3d 140

2017 NY Slip Op 03973

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AARON REEL, Appellant.

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

Decided May 17, 2017.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly denied the defendant's request to charge the jury with the defense of temporary and lawful possession. "`[T]o trigger the right [to a charge of temporary and lawful possession] there must be proof in the record showing a legal excuse for having the weapon in [the defendant's] possession as well as facts tending to establish that, once possession has been obtained...

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