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PEOPLE v. JOHNSON

861 KA 08-01212.

74 A.D.3d 1912 (2010)

904 N.Y.S.2d 847

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEOTIS JOHNSON, Appellant.

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

Decided June 18, 2010.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reversing that part convicting defendant of criminal possession of a weapon in the second degree under count four of the indictment and as modified the judgment is affirmed, and a new trial is granted on count four of the indictment.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of two counts of...

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