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PEOPLE v. OCASIO

No. 134.

28 N.Y.3d 178 (2016)

65 N.E.3d 1263

43 N.Y.S.3d 228

2016 NY Slip Op 07105

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ALEXIS OCASIO, Respondent.

Court of Appeals of New York.

Decided November 1, 2016.

Attorney(s) appearing for the Case

Darcel D. Clark , District Attorney, Bronx ( Marianne Stracquadanio , Joseph N. Ferdenzi , Stanley R. Kaplan and Nancy D. Killian of counsel), for appellant.

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City ( Paul A. Paterson , Audra J. Soloway and Stephen C. Thompson of counsel), and Robin Steinberg , The Bronx Defenders, Bronx ( Marika Meis and Sid Thaxter of counsel), for respondent.

OPINION OF THE COURT

Defendant was charged with one count of criminal possession of a weapon in the fourth degree (see Penal Law § 265.01 [1]). The accusatory instrument alleged that a police officer observed defendant with a "rubber-gripped, metal, extendable baton...

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