People v. Love, 76 N.Y.2d 800 (1990)
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A defendant is not entitled to a jury charge on temporary and lawful possession of a weapon when, after initially acquiring the weapon under potentially justified circumstances, the defendant conceals the weapon and transports it with the intent to dispose of it later.
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Summary
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The New York Court of Appeals reversed the Appellate Division’s order, holding that the trial court properly denied the defendant’s request for a jury charge on the defense of temporary and lawful possession of a weapon. Even viewing the evidence favorably to the defendant, there was no reasonable view that his possession of the loaded pistol was innocent and lawful. The defendant’s actions of concealing the weapon and transporting it to another location for disposal were inconsistent with a claim of innocent possession, negating the defense.
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Facts
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The defendant, Carson Love, was accused of robbery, during which the prosecution alleged he possessed a loaded pistol found in his pocket. The defendant testified that he obtained the gun by disarming another person, Freddie Benes, during a fight in a park. The defendant stated that he, along with Love, went to the park for a marijuana transaction with Benes. A fight ensued, and the defendant grabbed a paper bag containing a gun before Benes could. Feeling the gun’s shape, he placed it in his pocket. He told Love about the gun and claimed he intended to dispose of it in a sewer in Queens because he feared someone in the park would use it.
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Procedural History
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The defendant was convicted. He appealed, arguing the trial court erred by not giving a jury instruction on temporary and lawful possession. The Appellate Division reversed. The People appealed to the New York Court of Appeals.
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Issue(s)
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Whether the trial court erred in denying the defendant’s request for a jury charge on the defense of temporary and lawful possession of a weapon, given his testimony about how he acquired and intended to dispose of the weapon.
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Holding
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No, because the defendant’s actions after acquiring the weapon were