PEOPLE v. OLIVO


120 A.D.2d 466 (1986)

The People of the State of New York, Respondent, v. Jose Olivo, Appellant

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

May 29, 1986


Viewing the evidence in the light most favorable to the People, the prosecution failed to establish defendant's guilt of the weapons charge. The charge stemmed from the discovery of a shotgun during a search of defendant's automobile repair shop incidental to his arrest. The salient facts are that a police undercover "buy and bust" operation culminated in defendant's arrest. On December 15, 1984, defendant was standing outside the Olivo Body Shop when several police officers...

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