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People v. Maeweather

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1990
159 A.D.2d 1008 (N.Y. App. Div. 1990)

Opinion

March 16, 1990

Appeal from the Onondaga County Court, Burke, J.

Present — Callahan, J.P., Denman, Boomer, Balio and Lowery, JJ.


Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the evidence was legally insufficient because it failed to establish that the gun in defendant's possession was operable. The victim testified that defendant removed ammunition from the gun and handed it to the victim and that, later, defendant fired the gun at the victim's feet. Other witnesses testified that they heard a noise like the firing of a gun. We conclude from all of the evidence that the jury was justified in inferring that the gun was operable.

We have reviewed defendant's allegations of prosecutorial misconduct and we conclude that none of the alleged acts of misconduct deprived defendant of a fair trial.


Summaries of

People v. Maeweather

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1990
159 A.D.2d 1008 (N.Y. App. Div. 1990)
Case details for

People v. Maeweather

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY MAEWEATHER…

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

Date published: Mar 16, 1990

Citations

159 A.D.2d 1008 (N.Y. App. Div. 1990)
552 N.Y.S.2d 734

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