PEOPLE v. CURINAJ


65 A.D.2d 705 (1978)

The People of the State of New York, Respondent, v. Matija Curinaj, Appellant

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

November 14, 1978


Under the circumstances the court should have charged the jury, as requested, that temporary possession of a weapon, properly explained, does not constitute a crime. (People v Messado, 49 A.D.2d 560.) Acquittal on the attempted murder and assault counts and conviction on the weapon possession count did not, however, constitute a repugnant verdict, and thus a new trial is directed. (See People v Cwikla, 60...

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