PEOPLE v. McILWAIN


204 A.D.2d 491 (1994)

611 N.Y.S.2d 643

The People of the State of New York, Respondent, v. Matthew McIlwain, Appellant

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

May 9, 1994


Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

We agree with the defendant that the jury's verdict on the count of criminal possession of a weapon in the fourth degree was against the weight of the evidence. Under the circumstances of this case,...

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