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PEOPLE v. HERMAN

192 A.D.2d 1110 (1993)

598 N.Y.S.2d 757

The People of the State of New York, Respondent, v. Joseph A. Herman, Appellant

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

April 14, 1993

Judgment unanimously affirmed.

Memorandum:

The trial court erred in admitting the receipt for the rifle into evidence absent the People's establishment of an adequate foundation (see, CPLR 4518; People v Gower, 42 N.Y.2d 117, 121). In light of the other evidence establishing ownership of the rifle (see, People v Pena, 50 N.Y.2d 400, 409, rearg denied...

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