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THE PEOPLE OF THE STATE OF NEW YORK. Respondent, v. JOSE RODRIGUEZ, Also Known as DANIEL ZAMOT, Appellant.

Viewing the evidence in a light most favorable to the People ( People v Contes, 60 NY2d 620), it was legally sufficient to disprove defendant's defense of temporary and lawful possession of a weapon. Under the proof developed at trial, there was a factual issue for the jurors' determination as to whether defendant's possession of the gun was innocent and temporary and their determination finding the evidence at odds with any claim of innocent possession is supported by the record ( see, People v Williams, 50 NY2d 1043, 1045).

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PEOPLE v. RODRIGUEZ
(Mar 11, 1997)