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PEOPLE v. FRANCIS

126 A.D.2d 740 (1987)

The People of the State of New York, Respondent, v. Michael Steven Francis, Appellant

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

January 26, 1987

Ordered that the judgment is affirmed.

The People proved beyond a reasonable doubt that the defendant was in possession of an operable .38 caliber revolver. There was expert testimony that, although the weapon's revolving mechanism was not functioning properly, the weapon could be aligned manually and discharged, and that it had been test fired (see, People v Howard, 37 A.D.2d 178; People v Elfe,

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