PEOPLE v. GAINES


75 A.D.2d 826 (1980)

The People of the State of New York, Respondent, v. James Gaines, Appellant

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

May 5, 1980


Judgment reversed, on the law, and new trial ordered.

Although intent is not a statutory element of the crime charged, where there is evidence in the record that defendant's possession of the weapon might have been innocent, the jury should be instructed that it might find such possession to be innocent (see People v Trucchio, 47 A.D.2d 934). We have considered defendant's remaining contentions and find them to be...

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