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PEOPLE v. VASQUEZ

1526, 4204/11.

140 A.D.3d 571 (2016)

34 N.Y.S.3d 441

2016 NY Slip Op 05021

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGELLOVE VASQUEZ, Appellant.

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

Decided June 23, 2016.

The court properly exercised its discretion in permitting the jury to conduct an experiment with physical evidence by placing, in the backpack worn by defendant at the time of his arrest, the pistol and clothing that the police had found in the backpack (see People v Gomez, 273 A.D.2d 160 [1st Dept 2000], lv denied 95 N.Y.2d 890 [2000]). The fact that defendant testified that items not introduced into evidence were also in...

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