PEOPLE v. SMITH

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the third degree (Penal Law § 265.02 [former (4)]), defendant contends that County Court erred in refusing to charge the defense of temporary innocent possession of a weapon.

We reject that contention. The evidence presented at trial established that, rather than relinquishing the gun to the po-lice, defendant fled on foot and threw the weapon onto a roof. Defendant's conduct was "utterly at odds with any claim of innocent possession" ( People v Williams, 50 NY2d 1043, 1045; see People v McCoy, 46 AD3d 1348, 1349-1350, lv denied 10 NY3d 813) and, thus, "`there was no reasonable view of the evidence upon which the jury could have found that the defendant's possession [of the weapon] was innocent'" ( McCoy, 46 AD3d at 1349-1350).