PEOPLE v. FLORES


219 A.D.2d 40 (1996)

640 N.Y.S.2d 20

The People of the State of New York, Appellant, v. Hernan Flores, Respondent

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

March 21, 1996


Attorney(s) appearing for the Case

Gina D'Angelica of counsel, Bronx (Robert L. Moore on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for appellant.

Nancy Chadrjian, New York City, for respondent.

ROSENBERGER, J. P., WALLACH, NARDELLI and WILLIAMS, JJ., concur.


TOM, J.

The primary issue raised in this appeal is whether the trial court erred when it dismissed the count of the indictment charging defendant with criminal possession of a weapon in the second degree and held that the defense of justification should have been charged to the Grand Jury, in the interests of fairness, despite its inapplicability to the crime charged.

Testimony presented before the Grand...

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