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PEOPLE v. WHEELER

162 Misc.2d 81 (1994)

616 N.Y.S.2d 145

The People of the State of New York, Plaintiff, v. Deland Wheeler, Defendant. The People of the State of New York, Plaintiff, v. Jose Ocana, Defendant.

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

August 5, 1994

Attorney(s) appearing for the Case

Bruce K. Bentley, New York City (Steven C. McGowan of counsel), for Deland Wheeler, defendant. Samuel Viruet, New York City, for Jose Ocana, defendant. Robert T. Johnson, District Attorney of Bronx County (Luis Muniz of counsel), for plaintiff.

EDGAR G. WALKER, J.

These cases have been joined for decision since they both raise the identical issue. Both defendants are charged with criminal possession of a weapon in the fourth degree, in violation of Penal Law § 265.01 (2). In each case the People filed a copy of a police laboratory analysis report, attesting to the gun's operability. These reports state that "the gun and ammo tested by the undersigned...

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