As so modified, judgment affirmed.
Subdivision 2 of section 1897 of the Penal Law states that "Any person who has in his possession any firearm which is loaded with ammunition, or who has in his possession any firearm and, at the same time, has in his possession a quantity of ammunition which may be used to discharge such firearm is guilty of a felony". No evidence was adduced that could warrant a finding that defendant's gun was loaded or that defendant had ammunition...
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