PEOPLE v. SMALL


169 A.D.2d 742 (1991)

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

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

January 14, 1991


Ordered that the judgment is affirmed.

The record demonstrates that the indictment in this case charged the defendant and his codefendant with several offenses based on an acting in concert theory, inter alia, for their use of a loaded weapon to attack the complainant. At the trial, the prosecution presented evidence indicating that the defendant and his codefendant each used a gun in the commission of the crimes. The defendant now raises in his supplemental...

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