PEOPLE v. PALERMO


36 A.D.2d 565 (1971)

The People of the State of New York, Respondent, v. Philip Palermo, Appellant

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

January 7, 1971


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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