People v. Omar A. Smalling
AD2 order dated March 11, 2015, affirming judgment of conviction. Decision below: 126 AD3d 820, 4 NYS3d 307. Fahey, J., granted leave June 9, 2015.
ISSUE PRESENTED: Whether the trial court erred in giving a supplemental instruction regarding constructive possession of a weapon in response to a jury note. (Assigned counsel: Kathleen Whooley and Lynn W.L. Fahey, Appellate Advocates, 111 John St., 9th Floor, NYC 10038.)