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PEOPLE v. VELASQUEZ

139 Misc.2d 822 (1988)

The People of the State of New York, Plaintiff, v. Domesindo Velasquez, Defendant.

Supreme Court, New York County.

May 5, 1988

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Michael Ungar of counsel), for plaintiff. Raymond S. Sussman for defendant.

RENA K. UVILLER, J.

Is the possession of a defaced firearm (Penal Law § 265.02 [3]) a crime of general or specific intent?1 Must the People prove defendant's actual knowledge of the defacement or is this a crime of strict liability? On the eve of this nonjury trial both parties requested clarification of the prosecutor's burden, inasmuch as neither New York cases nor statutory...

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