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  5. 215 A.D.2d 159 (1995)
 

MATTER OF B.

215 A.D.2d 159 (1995)

626 N.Y.S.2d 114

In the Matter of Andre B., a Person Alleged to be a Juvenile Delinquent, Appellant

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

May 4, 1995

Count one of the petition alleged that petitioner was guilty of acts constituting criminal possession of a weapon in the third degree since he committed acts constituting the crime of criminal possession of a weapon in the fourth degree "as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime" (Penal Law § 265.02 [1]).

Although petitioner submitted three prior...

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