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PEOPLE v. DUENAS

190 Misc.2d 801 (2002)

742 N.Y.S.2d 468

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEX DUENAS, Appellant.

Supreme Court, Appellate Term, Second Department.

January 17, 2002.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Andrew C. Fine, Andrew Freifeld and David Crow of counsel), for appellant.

William L. Murphy, District Attorney, Staten Island (Karen F. McGee of counsel), for respondent.

SCHOLNICK, P.J., and GOLIA, J., concur; PATTERSON, J., concurs in part and dissents in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction modified on the law and facts by vacating the conviction of endangering the welfare of a child, vacating the sentence imposed thereon, and dismissing said charge and, as so modified, affirmed.

The charges herein were based on defendant's purchase of a gun in the fall or early winter of 1995. Defendant admitted to his girlfriend that he purchased a gun, but she never saw one or knew of its whereabouts...

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