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People v. Turner

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 1992
181 A.D.2d 637 (N.Y. App. Div. 1992)

Opinion

March 31, 1992

Appeal from the Supreme Court, New York County (Renee White, J.).


The evidence that defendant grabbed an officer's weapon from his holster and pointed the weapon at the officer was sufficient to establish defendant's guilt of unlawful possession of that weapon. While the possession was brief, defendant exercised control of the weapon, and the weapon was available to him for unlawful use (People v Lemmons, 40 N.Y.2d 505, 509-510). The weapon was properly admitted into evidence on testimony providing reasonable assurances of its identity and unchanged nature (People v Julian, 41 N.Y.2d 340, 343).

Concur — Carro, J.P., Wallach, Asch, Smith and Rubin, JJ.


Summaries of

People v. Turner

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 1992
181 A.D.2d 637 (N.Y. App. Div. 1992)
Case details for

People v. Turner

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRIN TURNER…

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

Date published: Mar 31, 1992

Citations

181 A.D.2d 637 (N.Y. App. Div. 1992)

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