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PEOPLE v. TORRES

189 Misc.2d 776 (2001)

736 N.Y.S.2d 566

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHARONE TORRES, Appellant.

Supreme Court, Appellate Term, Second Department.

October 25, 2001.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Daniel L. Greenberg and Carol Santangelo of counsel), for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Leonard Joblove and Amy Appelbaum of counsel), for respondent.

ARONIN, J. P., PATTERSON and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction unanimously reversed on the law and accusatory instrument dismissed.

In the case at bar, given the jury instruction, defendant's conviction of menacing in the second degree was inconsistent with his acquittal of criminal possession of a dangerous weapon in the fourth degree (see, People v Tucker, 55 N.Y.2d 1

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