PEOPLE v. VEREZ


83 N.Y.2d 921 (1994)

638 N.E.2d 951

615 N.Y.S.2d 306

The People of the State of New York, Appellant, v. Edwin Verez, Also Known as Edwin Velez, Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1994.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Ellyn Polshek and Patrick J. Hynes of counsel), for appellant.

Edwin A. Rollins, New York City, for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur in memorandum; Judge CIPARICK concurs in result in an opinion.


MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's motion to dismiss the indictment denied in its entirety and the count of criminal possession of a weapon in the third degree reinstated.

Shortly after midnight on August 31, 1990, two police officers on Amsterdam Avenue in Manhattan, near the intersection of West 156th Street, heard gunshots from across the street and saw Felix Sanchez...

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