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PEOPLE v. PEREZ

55 A.D.2d 938 (1977)

The People of the State of New York, Respondent, v. Joel Perez, Appellant

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

January 24, 1977

Judgments affirmed.

Subdivision 4 of section 160.15 of the Penal Law is constitutional (People v Felder, 39 A.D.2d 373, affd 32 N.Y.2d 747, app dsmd sub nom. Felder v New York, 414 U.S. 948). There was ample evidence for the jury to conclude that the defendant's gun was operable. Furthermore, the court did not abuse its discretion in imposing...

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