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PEOPLE v. MONTALVO

118 A.D.2d 439 (1986)

The People of the State of New York, Respondent, v. Eric Montalvo, Appellant

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

March 11, 1986

Defendant correctly contends, and the People concede, that since both counts herein concern the same transaction, the crime of criminal possession of a weapon in the third degree for possessing a loaded firearm is a lesser included offense of criminal possession of a weapon in the second degree for possessing a loaded firearm with the intent to use it unlawfully against another. (People v Jackson, 111 A.D.2d 648.) Consequently, defendant...

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