PEOPLE v. GUEVARA


156 A.D.2d 379 (1989)

The People of the State of New York, Respondent, v. Washington Guevara, Appellant

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

December 4, 1989


Ordered that the judgment is modified, on the law, by reversing the conviction for criminal possession of a weapon in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The People failed to prove that the defendant's possession of the firearm did not take place in his "place of business", an essential element of criminal possession of a weapon in the third degree, requiring...

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