PEOPLE v. POLONSKY

570486/13

45 Misc.3d 35 (2014)

994 N.Y.S.2d 229

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GENNADY POLONSKY, Appellant.

Supreme Court, Appellate Term, First Department.

Decided September 16, 2014.


Attorney(s) appearing for the Case

Freeman, Nooter & Ginsberg, New York City ( Louis M. Freeman of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Emily L. Auletta of counsel), for respondent.


OPINION OF THE COURT

Per Curiam.

Judgment of conviction, rendered April 3, 2012, reversed, on the law and the facts, and new trial ordered.

Defendant was tried on a charge of attempted criminal possession of a weapon in the fourth degree (see Penal Law § 265.01 [1]) based on police allegations that he was observed in a subway station with a gravity knife clipped to his pants pocket. The centerpiece of defendant's trial defense was his...

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