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PEOPLE v. COHEN

57 A.D.2d 790 (1977)

The People of the State of New York, Respondent, v. Joseph Cohen, Appellant

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

May 19, 1977

The Trial Justice instructed the jury that under the count of criminal possession of a weapon in the third degree (Penal Law, § 265.02), a person "violates this section of the law by mere possession of a loaded firearm. A person does not have to have any intent to possess the firearm nor does he have to have any knowledge that he is carrying the firearm to violate the statute". To this charge defense counsel excepted. The court...

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