The three counts of criminal possession of a weapon in the third degree charged in the indictment were identical and did not specify which gun, of the three recovered by the police at or shortly after defendant's arrest, pertained to which count. The trial court in its instructions to the jury failed to assign a specific gun to a specific count, although timely requested to do so by the People. At the end of the jury charge, the prosecutor, noting the People's exceptions...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.