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PEOPLE v. MARRERO

187 A.D.2d 281 (1992)

The People of the State of New York, Respondent, v. Roberto Marrero, Appellant

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

November 5, 1992

The trial court properly denied the request to submit the lesser included offense of criminal possession of a weapon in the fourth degree because no reasonable view of the evidence could establish that defendant possessed a pistol that was not loaded (see, People v Glover, 57 N.Y.2d 61, 63). The loaded ammunition clip and pistol were both recovered under a parked van, where the police officer had seen defendant toss the weapon...

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