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PEOPLE v. MACANA

84 N.Y.2d 173 (1994)

639 N.E.2d 13

615 N.Y.S.2d 656

The People of the State of New York, Respondent, v. Mark Macana, Appellant.

Court of Appeals of the State of New York.

Decided July 5, 1994.

Attorney(s) appearing for the Case

Miriam J. Hibel, New York City, and Philip L. Weinstein for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Jonathan Leinheardt and Steven J. Chananie of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH and CIPARICK concur with Judge LEVINE; Judge TITONE dissents and votes to reverse in a separate opinion in which Judge SIMONS concurs.

LEVINE, J.

Defendant appeals from the Appellate Division's affirmance of his conviction in Supreme Court, Queens County, of criminal possession of a weapon in the third degree. Defendant was arrested on August 2, 1990 when a number of police officers responded to a radio report of shots fired in the vicinity of defendant's residence in Queens. Three of the responding officers testified at defendant's trial. According...

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