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PEOPLE v. ROSENFELD

93 A.D.2d 872 (1983)

The People of the State of New York, Respondent, v. Saul Keith Rosenfeld, Appellant

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

April 18, 1983

Judgment affirmed.

While we recognize that there were certain inconsistencies in the testimony of several of the witnesses, credibility and the weight to be afforded each piece of evidence is within the province of the jury (see People v La Borda, 76 A.D.2d 869, 870). We have reviewed the record and cannot say, as a matter of law, that the People failed to sustain their burden of demonstrating that the gun was operable (see...

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