Weapons charges dismissed over lack of evidence

Guns were not loaded

Bennett Loudon//October 7, 2021//

Guns were not loaded

Bennett Loudon//October 7, 2021//

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A state appeals court has reversed several weapon convictions because of a lack of evidence.

Defendant Victor Vazquez Melendez was convicted in state Supreme Court in Onondaga County in December 2018 of seven counts each of second-degree criminal possession of a weapon, five counts of third-degree criminal possession of a weapon, and first-degree criminal sale of a firearm.

In a recent decision the Appellate Division of state Supreme Court, Fourth Department, reversed the convictions for second-degree criminal possession of a weapon and dismissed those charges from the indictment.

The prosecution conceded that the verdict on the second-degree criminal possession of a weapon charges was against the weight of the evidence because the prosecution presented no evidence that the guns were loaded at the time they were in defendant’s possession.

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