Defendant was charged under indictment 4367/03 with criminal possession of a weapon in the third degree (loaded firearm). The court granted his motion for a Mapp/Dunaway hearing. The People thereafter sought a superseding indictment. Defendant testified before that grand jury and denied possessing a gun at the time of his arrest. That grand jury voted out indictment 4367A/03, charging defendant with criminal possession of a weapon in the second degree (loaded firearm...
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