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PEOPLE v. VACCARO

44 N.Y.2d 885 (1978)

The People of the State of New York, Respondent, v. Ronald Vaccaro, Appellant.

Court of Appeals of the State of New York.

Decided June 6, 1978.

Attorney(s) appearing for the Case

Arthur F. X. Henriksen and Otto F. Fusco for appellant.

Carl A. Vergari, District Attorney (Joseph Aviv of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Although the elements of criminal possession of a weapon in the second and fourth degrees (Penal Law, §§ 265.03, 265.01) are identical in those circumstances where the culpable act is possession of a loaded firearm, the overlapping of elements does not render the statutes unconstitutional. (People v Eboli, 34 N.Y...

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