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People v. Kelch

152 A.D.2d 983 Court N.Y. App. Div. Decision date 1989-07-12 English

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p. 983
The People of the State of New York, Respondent, v John F. Kelch, Appellant.

Judgment unanimously affirmed. Memorandum: The trial court’s charge with respect to temporary and lawful possession correctly informed the jury that

p. 984
the People had the burden of proving beyond a reasonable doubt that defendant’s possession of a weapon was unlawful (see, People v Williams, 50 NY2d 1043 ; People v Montgomery, 106 AD2d 410 ; 1 CJI[NY] 9.65). (Appeal from judgment of Supreme Court, Monroe County, DePasquale, J. — criminal possession of weapon, third degree.) Present — Callahan, J. P., Doerr, Boomer, Green and Davis, JJ.

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