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PEOPLE v. BOYD

No. 75 SSM 40.

31 N.Y.3d 953 (2018)

96 N.E.3d 765

73 N.Y.S.3d 500

2018 NY Slip Op 02120

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

Court of Appeals of New York.

Decided March 27, 2018.

Attorney(s) appearing for the Case

Marianne Karas , Thornwood, for appellant.

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

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. Defendant was alleged to have unlawfully possessed both a BB gun and a Taurus firearm, but his conviction of third-degree criminal possession of a weapon involves only the Taurus firearm. The trial court did not abuse its discretion by dismissing the non-inclusory charge of unlawful possession of an air pistol or rifle which related to the BB gun (see People v Leon...

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