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PEOPLE v. MELENDEZ

11 Misc.3d 790 (2006)

809 N.Y.S.2d 898

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MARK MELENDEZ, Defendant.

City Court of Buffalo.

February 21, 2006.

Attorney(s) appearing for the Case

Frank J. Clark, District Attorney, Buffalo (Thomas D. Kubiniec of counsel), for plaintiff.

Legal Aid Bureau of Buffalo (Laura El-Bahtity of counsel), for defendant.

OPINION OF THE COURT

THOMAS P. AMODEO, J.

Background Facts

The defendant was charged with criminal possession of a weapon in the fourth degree, in violation of Penal Law § 265.01 (3), for allegedly having an operable shotgun "upon a building or grounds, used for educational purposes."

From the facts received at trial, the defendant was seen by a private citizen carrying a closed rifle case...

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