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PEOPLE v. KNOWLES

10296. 4206/14.

178 A.D.3d 453 (2019)

112 N.Y.S.3d 733

2019 NY Slip Op 08770

The People of the State of New York, Respondent, v. Robert Knowles, Appellant.

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

Decided December 5, 2019.

Attorney(s) appearing for the Case

Justine M. Luongo , The Legal Aid Society, New York ( Tomoeh Murakami Tse of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( R. Jeannie Campbell-Urban of counsel), for respondent.

Concur—Gische, J.P., Tom, Kapnick, Kern, Moulton, JJ.

We find that defendant's conviction for criminal possession of a weapon in the third degree was against the weight of the evidence (see generally People v Danielson, 9 N.Y.3d 342, 348-349 [2007]; People v Correa, 176 A.D.3d 411 [1st Dept 2019]). The focus at trial was whether a box cutter recovered from defendant in a search after his arrest for an open container violation (defendant was drinking a can of beer placed inside...

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