Judgment, Supreme Court, Bronx County (Dominic R. Massaro, J.), rendered April 26, 2006, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing her to a term of five years, unanimously affirmed.
The court properly denied defendant’s request for a charge on the defense of temporary and lawful possession. There was no reasonable view of the evidence, viewed in a light most favorable to defendant (see People v Steele, 26 NY2d 526, 529 [1970]), to support such a charge. According to defendant, she first acquired the weapon by picking it up from the ground after it fell from the waistband of a man with whom she was struggling, and then proceeded to enter an apartment building with the loaded weapon in her hand, for the purpose of intervening in a fight between her stepfather and other persons. Although her initial acquisition of the weapon could be deemed justified, her subsequent act, which introduced a loaded firearm into a volatile situation, was “utterly at odds with any claim of in
We perceive no basis for reducing the sentence. Concur— Andrias, J.P., Marlow, Williams, Buckley and Malone, JJ.
