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PEOPLE v. THOMAS
Appellate Division of the Supreme Court of New York, Second Department.
Oct 28, 1996
Ordered that the judgment is affirmed.
There is no merit to the defendant's contention that the court erred in failing to instruct the jury that possessing a weapon for the purpose of self-defense is not unlawful. Justification based on self-defense pertains only to the use of physical force and does not apply to a crime based on the possession of a weapon, even though an element of the crime is that the defendant possessed the weapon with the intent to use it unlawfully against another ( see, People v Pons, 68 NY2d 264; People v Almodovar, 62 NY2d 126).
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