There was ample proof to sustain the convictions. The weapons charge for which defendant was indicted and ultimately convicted, however, was possession of a loaded firearm with intent to use the same unlawfully against another, a class C felony (Penal Law, § 265.03). Section 265.03 did not take effect until September 1, 1974, whereas the crime was committed on August 8, 1974. Had defendant been charged under the proper statute (former Penal Law, § 265.05, subd 2...
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