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PEOPLE v. BOYD

2069/11.

152 A.D.3d 53 (2017)

2017 NY Slip Op 04809

55 N.Y.S.3d 236

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK BOYD, Appellant.

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

Decided June 13, 2017.

Attorney(s) appearing for the Case

Marianne Karas , Thornwood, for appellant.

Darcel D. Clark , District Attorney, Bronx ( Emily Anne Aldridge and Gina Mignola of counsel), for respondent.

KAPNICK and KAHN, JJ., concur with TOM, J.; ACOSTA, P.J., and GESMER, J., dissent in an opinion by ACOSTA, P.J.

OPINION OF THE COURT

The primary issue raised by defendant on appeal is whether the trial court abused its discretion in granting the People's application to dismiss the count of unlawful possession of an air pistol or BB gun (Administrative Code of City of NY § 10-131 [b]) in an indictment that also included charges of criminal...

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