People v. Rebecca Ruiz

Summary

The New York Court of Appeals held that the defendant was not entitled to a jury instruction on temporary and lawful possession of a firearm because she used the weapon in a dangerous manner by firing blindly through a closed, windowless metal door. The court reversed the Appellate Division’s order and remitted the case for determination of the facts and issues raised but not decided on appeal.

Holdings

1. The trial court was not required to submit the defense of temporary and lawful possession to the jury because no reasonable view of the evidence supported the defense.
2. The Appellate Division order was reversed, and the matter was remitted to that court for determination of facts and issues raised but not determined on appeal.

Questions Presented

1. Whether the trial court was required to instruct the jury on the defense of temporary and lawful possession of a firearm.
2. Whether the evidence, viewed in the light most favorable to defendant, reasonably supported a finding that the firearm had not been used in a dangerous manner.

Disposition

reversed_and_remanded