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PEOPLE v. CARNEY

18 A.D.3d 242 (2005)

795 N.Y.S.2d 10

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK CARNEY, Appellant.

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

May 10, 2005.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Although, as an officer with the Department of Correction, defendant was exempt from prosecution as a principal for the crime of criminal possession of a weapon in the third degree, the evidence firmly established his guilt as an accessory (see People v Coleman, 104 A.D.2d 778 [1984], lv denied 64 N.Y.2d 888 [1985]). Defendant...

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