Judgment reversed on the law and indictment dismissed.
Memorandum:
Defendant stands convicted of possession of an explosive substance with intent to use it unlawfully against the person or property of another in violation of subdivision 7 of section 265.05 of the Penal Law. The indictment charges and the proof establishes that he possessed two bottles filled with kerosene with a wick inserted in each bottle. ¶ In interpreting the statute to determine...
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