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Legal Opinion

People v. Hernandez

New York Supreme Court

Decided February 7, 2008Published

1Opinion of the Court

OPINION OF THE COURT

Dan Lamont, J.

*528The indictment accuses the defendant of committing the crimes of criminal possession of a weapon in the second degree in violation of Penal Law § 265.03 (3), a class C violent felony, and unlawful possession of marihuana in violation of Penal Law § 221.05, a violation. The charges are that on or about September 16, 2007 at approximately 8:25 p.m., at Troy-Schenectady Road and Grove Avenue, Town of Colonie, County of Albany, the defendant Joel Hernandez did knowingly possess a loaded Glock 19, 9 millimeter semiautomatic handgun outside his home or place of…

2Cases cited24 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. Delaware v. ProuseSupreme Court of the United States · 1979
  4. People v. De BourNew York Court of Appeals · 1976
  5. New York v. QuarlesSupreme Court of the United States · 1984

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