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PEOPLE v. GONZALEZ

104 A.D.2d 1007 (1984)

The People of the State of New York, Respondent, v. William Gonzalez, Appellant

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

October 22, 1984

Judgment affirmed.

Contrary to defendant's contention on appeal, the Trial Judge did not err in denying his motion to dismiss based upon the People's failure to prove a prima facie case of criminal possession of a weapon in the third degree. Eyewitness testimony set forth the requisite elements of knowing possession of a loaded firearm (Penal Law, § 265.02, subd [4]; People v Cohen, 57 A.D.2d 790). Nor was it error for...

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