PEOPLE v. McGUIRE

177 KA 11-01538.

148 A.D.3d 1578 (2017)

2017 NY Slip Op 02206

51 N.Y.S.3d 726

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD McGUIRE, Appellant.

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

Decided March 24, 2017.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on counts two and four of the indictment.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]) and criminal possession of a weapon in the third degree (§ 265.02 [1]). We conclude that, when viewed in light of the elements of the...

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