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PEOPLE v. HEATH

86 N.Y.2d 723 (1995)

655 N.E.2d 158

631 N.Y.S.2d 117

The People of the State of New York, Respondent, v. Bruce Heath, Appellant.

Court of Appeals of the State of New York.

Decided June 29, 1995.

Attorney(s) appearing for the Case

Joseph A. Zayas, New York City, and Philip L. Weinstein for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Stuart P. Levy and Peter D. Coddington of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The Appellate Division correctly reinstated the indictment count charging defendant with unlawfully wearing a body vest under Penal Law § 270.20 (1). That crime is committed when an individual, "acting either alone or with one or more other persons * * * commits any violent felony offense defined in [Penal Law] section 70.02 while possessing...

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