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PEOPLE v. POWELL

177 A.D.2d 518 (1991)

The People of the State of New York, Respondent, v. Livingston Powell, Appellant

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

November 4, 1991

Ordered that the judgment is affirmed.

The defendant contends that he was prejudiced by the court's instructions to the jury, which differed from the theory of the prosecution's case as stated in the bill of particulars. That part of the bill of particulars relevant to the count charging the defendant with criminal possession of a weapon in the second degree specified that he intended to use his weapon unlawfully against...

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