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PEOPLE v. NIKAC

155 Misc.2d 304 (1992)

The People of the State of New York, Plaintiff, v. Thomas Nikac, Defendant.

Supreme Court, Bronx County.

August 24, 1992

Attorney(s) appearing for the Case

Robert Katz, Bronx, for defendant. Robert T. Johnson, District Attorney of Bronx County (Bernadette Nicchia of counsel), for plaintiff.

MARTIN MARCUS, J.

In this case, the defendant is charged with violating Penal Law § 270.20, unlawful wearing of a body vest, a felony offense apparently prosecuted rarely since its enactment in 1984. This crime occurs when a person commits a violent felony offense "while possessing a firearm and in the course of and in furtherance of such crime he wears a body vest." (Penal Law § 270.20 [1].) Paradoxically...

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