People v. Terry

Bronson, P.J.

(concurring). I fully agree with the majority’s conclusion that defendant was properly bound over on the felony-firearm charge. I write separately to state my belief that the prosecution’s proofs showed that defendant had actual, not constructive, possession of a firearm at the time he committed the offense of possession of pentazocine with intent to deliver. The possessory offense clearly included the time at which defendant picked up the paper bag containing his gun.