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PEOPLE v. EVANS

212 A.D.2d 485 (1995)

624 N.Y.S.2d 802

The People of the State of New York, Respondent, v. Terrence Evans, Appellant

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

February 23, 1995

The People proved beyond a reasonable doubt that defendant possessed a loaded firearm (Penal Law § 265.00 [15]; § 265.02 [4]). It was within the jury's province to reject defendant's testimony with respect to his alleged temporary lawful possession of the pistol and its resolution of an issue of credibility will not be disturbed.

Defendant's claim that the People elicited evidence of an uncharged crime (see, People v Alvino,

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