Legal Opinion
People v. Totten
Appellate Division of the Supreme Court of the State of New York
Decided May 14, 1990PublishedCited by 11 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendered November 27, 1985, convicting him of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, since criminal possession of a weapon in the third degree under Penal Law § 265.02 (4) includes the element that the possession not occur in the defendant’s home or place of business, that crime is not a lesser included offense…
2Cases cited3 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. OkaforeNew York Court of Appeals · 1988
- People v. MabryAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by11 opinions
- People v. DennisAppellate Division of the Supreme Court of the State of New York · 1999
- People v. GarnerAppellate Division of the Supreme Court of the State of New York · 1993
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1997
- People v. ArguetaAppellate Division of the Supreme Court of the State of New York · 2021
- People v. GoforthAppellate Division of the Supreme Court of the State of New York · 2007
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