PEOPLE v. RUIZ

No. 436 KA 18-01832.

197 A.D.3d 915 (2021)

153 N.Y.S.3d 290

2021 NY Slip Op 04827

The People of the State of New York, Respondent, v. Rebecca Ruiz, Appellant.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( JAMES M. SPECYAL OF COUNSEL), FOR DEFENDANT-APPELLANT.

PATRICK E. SWANSON , DISTRICT ATTORNEY, MAYVILLE ( MARILYN FIORE-LEHMAN OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Peradotto, NeMoyer, Curran and DeJoseph, JJ.


It is hereby ordered that the judgment so appealed from is reversed on the law and a new trial is granted on the second count of the indictment.

Memorandum: On appeal from a judgment convicting her upon a jury trial of criminal possession of a weapon in the second degree (Penal Law § 265.03[3]), defendant contends that County Court erred in denying her request to instruct the jury on the defense of temporary and lawful possession of a firearm. We agree, and we...

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