People v. Pena

Upon remittitur from the Court of Appeals (People v Ramos, 85 NY2d 678), order, Supreme Court, New York County (Daniel FitzGerald, J.), entered January 12, 1988, which dismissed an indictment charging defendant with criminal possession of a weapon in the third degree, unanimously reversed, on the law and the facts, and the indictment reinstated.

On March 30, 1987, defendant, a New York City Correction Officer, was suspended from duty as a result of his being charged in Bronx County with burglary in the first degree, robbery in the second degree, criminal use of a firearm in the first degree,…