PEOPLE v. SPENCER

No. 223.

20 N.Y.3d 954 (2012)

982 N.E.2d 1245

2012 NY Slip Op 8567

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW SPENCER, Appellant.

Court of Appeals of New York.

Decided December 13, 2012.


Attorney(s) appearing for the Case

Law Offices of Randall D. Unger, Bayside ( Randall D. Unger of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Sharon Y. Brodt and John M. Castellano of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

A Queens County grand jury charged defendant with one count of criminal possession of a weapon in the second degree and other related charges. At defendant's jury trial, the People adduced evidence that on the evening of August 16, 2006, defendant engaged in a street level altercation with a third party. Shortly thereafter, complainant, an off-duty police officer...

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