People v. Burke

Appellate Division of the Supreme Court of New York

People v. Burke

104 A.D.2d 420, 478 N.Y.S.2d 730, 1984 N.Y. App. Div. LEXIS 19877

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 13, 1984

StatusPublished

Cited by1 cases

This text of 104 A.D.2d 420 (People v. Burke) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Burke, 104 A.D.2d 420, 478 N.Y.S.2d 730, 1984 N.Y. App. Div. LEXIS 19877 (N.Y. Ct. App. 1984).

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Opinion

— Appeal by defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered March 8,1982, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Judgment reversed, on the law, indictment dismissed and the case is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

Inasmuch as no evidence was presented with respect to the concealability upon a person of the subject 30-inch shotgun no issue of fact was presented for the jury. Accordingly, we reverse and dismiss the indictment (cf. People v Tucker, 102 AD2d 535). Titone J. P., Gibbons, Bracken and Rubin, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered March 8,1982, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Judgment reversed, on the law, indictment dismissed and the case is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

Inasmuch as no evidence was presented with respect to the concealability upon a person of the subject 30-inch shotgun no issue of fact was presented for the jury. Accordingly, we reverse and dismiss the indictment (cf. People v Tucker, 102 AD2d 535). Titone J. P., Gibbons, Bracken and Rubin, JJ., concur.

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Bluebook (online)

104 A.D.2d 420, 478 N.Y.S.2d 730, 1984 N.Y. App. Div. LEXIS 19877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burke-nyappdiv-1984.

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