Judgment unanimously reversed on the law and facts and indictment dismissed.
Memorandum:
Defendant, who was granted a certificate of reasonable doubt, appeals from a conviction of possession of a dangerous weapon (Penal Law, § 265.05, subd. 3) after trial without a jury. Insofar as pertinent, the statute provides that "3. Any person who has in his possession any firearm * * * is guilty of a class A misdemeanor". Subdivision 3 of section 265.00 of the...
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