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PEOPLE v. FIGUEROA

207 A.D.2d 670 (1994)

616 N.Y.S.2d 942

The People of the State of New York, Respondent, v. Raymond Figueroa, Appellant

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

September 1, 1994

The exclusion in Penal Law § 265.02 (4) for possession of a weapon in one's place of business was not available to defendant since under no view of the evidence could the place where defendant was employed be found to encompass the sidewalk outside where defendant was arrested in possession of a gun (cf., People v Powell, 54 N.Y.2d 524, 531). Nor did the trial court err in refusing to charge criminal possession of a weapon...

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