The only evidence in this case, adduced at a suppression hearing, was that the revolver possessed by the defendant was in his home. Such possession is a misdemeanor (Penal Law, § 265.05). It further appears that the plea was made specifically to possession in defendant's apartment. Possession in the home becomes a felony only if the defendant has been previously convicted of any crime. No information alleging a prior conviction was filed with the indictment or apparently...
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