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PEOPLE v. SANTANA

77 Misc.2d 414 (1974)

The People of the State of New York, Plaintiff, v. Rene Santana, Defendant.

Criminal Court of the City of New York, Queens County.

April 3, 1974

Attorney(s) appearing for the Case

William Gallagher and Charles Lavine for defendant. Nicholas Ferraro, District Attorney (Robert Hulteen of counsel), for plaintiff.

ANTHONY P. SAVARESE, J.

The defendant is charged with felony possession of a weapon (Penal Law, § 265.05, subd. 2). After hearing, the defendant moved to reduce the charge to possession as a misdemeanor (Penal Law, § 265.05, subd. 3). The hearing adduced the following facts and I so find:

The officer in a patrol car observed the defendant sitting in the driver's seat of a taxi (nonmedallion) with a female beside him. The taxi was parked...

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