PEOPLE v. SMALL

876 KA 16-01319.

166 A.D.3d 1471 (2018)

88 N.Y.S.3d 316

2018 NY Slip Op 07551

The People of the State of New York, Respondent, v. Johnnie Small, Appellant.

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

Decided November 9, 2018.


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

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]), loitering (§ 240.35 [2]), and unlawful possession of marihuana (§ 221.05). Contrary to defendant's contention, County Court did not abuse its discretion in denying, on the ground that the People established exceptional...

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