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PEOPLE v. FRANCIS

45 A.D.2d 431 (1974)

The People of the State of New York, Respondent, v. Charles Francis, Appellant

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

July 22, 1974.

Attorney(s) appearing for the Case

Lawrence Hochheiser for appellant.

Nicholas Ferraro, District Attorney (Bruce E. Whitney of counsel), for respondent.

HOPKINS, Acting P. J., and LATHAM, J., concur with BRENNAN, J.; SHAPIRO, J., dissents and votes to modify the judgment by reducing the conviction to the misdemeanor of attempted possession of a firearm and reducing the sentence to the time served, and to affirm the judgment as so modified, with an opinion, in which CHRIST, J., concurs.

BRENNAN, J.

The defendant was indicted for possession of a weapon as a class D felony on the charge that he had possessed an operable revolver and a quantity of ammunition and that such possession was not in his home or place of business. On January 2, 1973 he was allowed to plead guilty to attempted possession of a weapon as a class E felony in satisfaction of the indictment. On February 20, 1973 he was sentenced to a six-month term and he was incarcerated...

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