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People v. Steven Francis

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1987
126 A.D.2d 740 (N.Y. App. Div. 1987)

Opinion

January 26, 1987

Appeal from the Supreme Court, Kings County (Adler, J.).


Ordered that the judgment is affirmed.

The People proved beyond a reasonable doubt that the defendant was in possession of an operable .38 caliber revolver. There was expert testimony that, although the weapon's revolving mechanism was not functioning properly, the weapon could be aligned manually and discharged, and that it had been test fired (see, People v. Howard, 37 A.D.2d 178; People v. Elfe, 37 A.D.2d 208). The defendant's additional claim of error with respect to the court's charge is unpreserved (see, People v. Hoke, 62 N.Y.2d 1022), and we decline to reach it in the interest of justice. Brown, J.P., Rubin, Kooper and Sullivan, JJ., concur.


Summaries of

People v. Steven Francis

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1987
126 A.D.2d 740 (N.Y. App. Div. 1987)
Case details for

People v. Steven Francis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL STEVEN…

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

Date published: Jan 26, 1987

Citations

126 A.D.2d 740 (N.Y. App. Div. 1987)

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