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PEOPLE v. LAVANDER

153 Misc.2d 992 (1992)

The People of the State of New York, Plaintiff, v. Erskine Lavander, Defendant.

Criminal Court of the City of New York, Bronx County.

March 30, 1992

Attorney(s) appearing for the Case

Legal Aid Society (Robert Baum and Mira Gur-Arie of counsel), for defendant. Robert T. Johnson, District Attorney (Maria Rivera of counsel), for plaintiff.

JOSEPH A. GROSSO, J.

The defendant, a 16-year-old high school student, is charged with attempted possession of a weapon in the fourth degree (Penal Law §§ 110.00, 265.01 [1]). He moves for an order dismissing the accusatory instrument as defective contending that there is no such crime as an attempt to possess a weapon under the circumstances of the case or, alternatively, that the reduction of the...

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