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PEOPLE v. SINGLETON

4095/13, 2449/12.

139 A.D.3d 208 (2016)

29 N.Y.S.3d 358

2016 NY Slip Op 02945

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYSHAWN SINGLETON, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MALIK HAWKINS, Appellant.

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

Decided April 19, 2016.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (Claudia B. Flores of counsel), for Rayshawn Singleton, appellant.

Richard M. Greenberg, Office of the Appellate Defender, New York City (Leila N. Tabbaa and Rosemary Herbert of counsel), for Malik Hawkins, appellant.

Cyrus R. Vance, Jr., District Attorney, New York City (Dana Poole and Lindsey Richards of counsel), for respondent.

SWEENY, J.P., MANZANET-DANIELS and GISCHE, JJ., concur.

OPINION OF THE COURT

In this prosecution for criminal possession of a weapon in the second degree, the trial court improperly admitted highly prejudicial photographs showing defendants making gang signs while holding a gun different from the one they were charged with possessing. The trial court also erred in allowing the People...

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