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PEOPLE v. SMITH

532 KA 16-00921.

161 A.D.3d 1562 (2018)

76 N.Y.S.3d 730

2018 NY Slip Op 03277

The People of the State of New York, Respondent, v. Tarell Smith, Also Known as Shellito Donmore, Appellant.

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

Decided May 4, 2018.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a nonjury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Contrary to defendant's contention, County Court properly refused to suppress the weapon that was secured by the police from the street where defendant threw it following...

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