The defendant is charged with the crime of criminal possession of a weapon in the third degree for allegedly possessing a firearm. In a motion to dismiss the indictment, made at the commencement of the trial prior to jury selection, the issue presented is whether or not a sawed-off shotgun, measuring 27 inches overall, can be a "firearm" within the meaning of subdivision 3 of section 265.00 of the Penal Law.
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