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PEOPLE v. DAVIS

65 A.D.2d 515 (1978)

The People of the State of New York, Respondent, v. Robert Davis, Appellant

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

October 5, 1978

The trial court instructed the jury that an auto jack claimed to be in the possession of the defendant at the time he allegedly assaulted the complaining witness was "a dangerous instrument as a matter of law." This instruction was erroneous. The defendant was prosecuted under subdivision 9 of section 265.05 of the Penal Law as it read prior to its amendment in 1974 which made possession of a dangerous instrument (among other articles...

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