PEOPLE v. RUSSO


38 Misc.2d 957 (1963)

The People of the State of New York, Plaintiff, v. Andrew J. Russo, Defendant.

Criminal Court of the City of New York.

April 11, 1963


Attorney(s) appearing for the Case

Edward S. Silver, District Attorney (Benjamin Schmier of counsel), for plaintiff. Philip Dinitz for defendant.

Concur — KENNETH M. PHIPPS and RAYMOND A. TIERNEY, JJ.


JAMES RANDALL CREEL, P. J.

The defense in this case challenges the applicability of subdivision (2) of section 245 of the Conservation Law to the uncontroverted facts herein presented as to the defendant's possession of a loaded shotgun in his automobile.

This often-amended section (245) of the Conservation Law provides "Prohibitions on the use and possession of firearms. * * * (2) No firearm except...

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