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PEOPLE v. GRILLO

15 A.D.2d 502 (1961)

The People of the State of New York, Appellant, v. Edward Grillo, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 4, 1961

Order affirmed.

The County Court held that the instrument was not a pistol within the meaning of said section. The holding was based on the evidence before the Grand Jury which showed that the instrument was incapable of being fired, since its firing pin was broken. In our opinion, in so holding the court properly followed the settled rule that such a defective instrument is not a pistol under section 1897 of...

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