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PEOPLE v. ESTRADA

220 A.D.2d 275 (1995)

632 N.Y.S.2d 18

The People of the State of New York, Respondent, v. Felipe Estrada, Appellant

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

October 12, 1995

There is no merit to defendant's unpreserved claim that the indictment was duplicitous. Although the evidence at trial showed that defendant was in possession of a homemade gun on two separate occasions, it also showed that he was acting in concert with another on only the first of those occasions. As the indictment contained this clear specification, it gave defendant fair notice of the charges against him and prevented the possibility...

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