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PEOPLE v. WILSON

228 A.D.2d 708 (1996)

645 N.Y.S.2d 498

The People of the State of New York, Appellant, v. Junious Wilson, Respondent

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

June 24, 1996

Ordered that the order is reversed, on the law, the motion is denied, and the indictment is reinstated.

The People contend that the County Court erred in dismissing the indictment charging the defendant with criminal possession of a weapon in the third degree based upon the prosecutor's failure to instruct the jury on the defense of temporary and innocent possession of the weapon. We agree. It is well settled that a prosecutor...

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