The defendant was convicted of the crime of possession of a blackjack after having been previously convicted of a crime (Penal Law, § 1897, subd. 1). There is no question that when the police officers searched him, they took the blackjack from his possession, in fact, he has admitted it. However, he stated in defense that shortly before the seizure by the police, he had taken it from another person who had used it against him in a fight...
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