PEOPLE v. VASQUEZ


104 A.D.2d 429 (1984)

The People of the State of New York, Respondent, v. Epifanio Vasquez and Carlos Rivera, Appellants

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

August 13, 1984


Judgments reversed, on the law and as a matter of discretion in the interest of justice, the third count of the indictment charging defendant Vasquez with criminal possession of a weapon in the fourth degree, i.e., a knife, is dismissed, and the matter is remitted for a new trial as to defendant Vasquez on the second count of the indictment charging him with criminal possession of a weapon in the fourth degree (i.e., a baseball bat) and as to defendant Rivera on the second...

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