PEOPLE v. ELDRIDGE


53 A.D.2d 1037 (1976)

The People of the State of New York, Respondent, v. Walter Eldridge, Appellant

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

July 12, 1976


Judgment unanimously reversed, on the law and facts, and indictment dismissed.

Memorandum:

Defendant appeals from a judgment of conviction for possession of a weapon and dangerous instrument, under subdivision 3 of section 265.05 of the Penal Law. The sole question is whether the People proved the elements of the crime of possession of a firearm. The term "Firearm" is defined in subdivision 3 of section 265.00 of the Penal Law as "any pistol, revolver, sawed...

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