PEOPLE v. McLEAN

2017-07337, Ind. No. 1043/16.

170 A.D.3d 1196 (2019)

96 N.Y.S.3d 632

2019 NY Slip Op 02356

The People of the State of New York, Respondent, v. Malcolm McLean, Appellant.

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

Decided March 27, 2019.


Ordered that the judgment is reversed, on the facts and the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Nassau County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The defendant was convicted, after a jury trial, of criminal possession of a weapon in the second degree. The matter arose from an allegation by the defendant's former girlfriend that the defendant had arrived at her apartment in the...

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