PEOPLE v. JONES


64 A.D.3d 427 (2009)

881 N.Y.S.2d 294

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY JONES, Appellant.

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

Decided July 2, 2009.


Defendant did not preserve his claim that the count upon which he was convicted after trial was duplicitous, and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. There was no violation of the requirement of a unanimous verdict, since the single count of second-degree weapon possession had a single factual basis, that is, the People's theory that, in a brief, continuing incident, defendant and his accomplice collectively...

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