PEOPLE v. ROMERO


280 A.D.2d 316 (2001)

720 N.Y.S.2d 145

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL ROMERO, Appellant.

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

Decided February 8, 2001.


The verdict was based on legally sufficient evidence. Since, in its supplemental charge, the court instructed the jury that if the vehicle defendant was driving at the time of his arrest was a taxi he would be entitled to the benefit of the "place of business" exception to criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]), the status of the vehicle was a question of fact for the jury. The officer's testimony showing that the vehicle was a regular...

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