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PEOPLE v. FOLEY

210 A.D.2d 163 (1994)

620 N.Y.S.2d 956

The People of the State of New York, Respondent, v. Dennis Foley, Also Known as Daniel Flanagan, Appellant

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

December 22, 1994

Defendant's contention that the indictment was constructively amended because the jury was permitted to convict him not simply on a constructive possession theory, but also pursuant to alternative theories of actual possession and the statutory presumption relating to guns found in cars is without merit. As distinguished from the cases defendant relies on, the instant indictment contains a broad allegation that defendant possessed...

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