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PEOPLE v. BOONE

239 A.D.2d 427 (1997)

658 N.Y.S.2d 895

The People of the State of New York, Respondent, v. Harvey Boone, Appellant

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

May 12, 1997

Ordered that the judgment is affirmed.

The trial court did not improvidently exercise its discretion by admitting into evidence the gun turned over to the police by one of the witnesses to the incident in question, within hours after the defendant was seen in possession of the gun. The connection between the defendant and the gun was not so tenuous as to be improbable (see, People v Mirenda,

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