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PEOPLE v. MANISCALCO

154 Misc.2d 891 (1992)

The People of the State of New York, Plaintiff, v. Frank Maniscalco, Defendant.

Supreme Court, Richmond County.

July 15, 1992

Attorney(s) appearing for the Case

Schulman & Leifer, Brooklyn (Michael A. O'Connor of counsel), for defendant. William L. Murphy, District Attorney of Richmond County, Staten Island (James Drury of counsel), for plaintiff.

CHARLES A. KUFFNER, JR., J.

Defendant is charged with criminal possession of a weapon in the third degree. After conducting a hearing on July 2, 1992, defendant moved to dismiss or, in the alternative, reduce the indictment to a misdemeanor possession because the circumstances concerning the weapon's location fall within the exception of section 265.02 (4) of the Penal Law.

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