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PEOPLE v. CARNEGLIA

63 A.D.2d 734 (1978)

The People of the State of New York, Respondent, v. Charles Carneglia, Also Known as Charles Corneglia, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 29, 1978

Judgment reversed, on the law, and new trial ordered.

As a result of an altercation in a Queens diner at 3:00 A.M. on February 10, 1975 between defendant and Albert Gelb, a court officer, the former was indicted for the crimes of criminal possession of a weapon in the third degree (Penal Law, § 265.02, subd [4]), and resisting arrest (Penal Law, § 205.30). Gelb was not in uniform at the time of the altercation...

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