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PEOPLE v. TOMCZYK

10022, 2123/13.

176 A.D.3d 456 (2019)

110 N.Y.S.3d 692

2019 NY Slip Op 07222

The People of the State of New York, Respondent, v. Jason Tomczyk, Appellant.

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

Decided October 8, 2019.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Arielle Reid of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Kristian D. Amundsen of counsel), for respondent.

Concur—Friedman, J.P., Sweeny, Richter, Mazzarelli, Webber, JJ.

Defendant's request for a charge on the defense of temporary lawful possession of a firearm was correctly denied. For a defendant to be entitled to a temporary lawful possession charge, "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, the weapon had not been used in a dangerous manner" (...

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