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PEOPLE v. ROSARIO

78 A.D.2d 864 (1980)

The People of the State of New York, Appellant, v. Anibal Rosario, Respondent

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

November 3, 1980

Order affirmed.

We agree with Criminal Term that the instructions given the Grand Jury were insufficient, prejudicial and a denial to the defendant of due process. We also agree that the third count of the indictment, criminal possession of a weapon in the third degree, was insufficient on its face as it failed to include a material element of the crime charged (see Penal Law, § 265.02, subd [4]; People v Iannone, 45 N.Y.2d 589

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