PEOPLE v. VULPIS


173 A.D.2d 582 (1991)

The People of the State of New York, Respondent, v. Anthony Vulpis, Appellant

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

May 13, 1991


Ordered that the judgment is affirmed.

On appeal, the defendant maintains that the prosecutor's opening statement to the jury was legally deficient and, thus, the trial court erred in denying his motion to dismiss the indictment at the close of that statement. We disagree. The facts described by the prosecutor in his opening statement were sufficient to establish the crime of which the defendant was convicted, namely, criminal possession of a weapon in the fourth...

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