PEOPLE v. OCASIO


108 Misc.2d 211 (1981)

The People of the State of New York, Appellant, v. Joseph Ocasio, Respondent.

Supreme Court, Appellate Term, Second Department.

February 11, 1981


Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Debra W. Petrover of counsel), for appellant. Eagan & Rudnick (James E. Eagan of counsel), for respondent.

Concur: PINO, P. J., JONES and KUNZEMAN, JJ.


MEMORANDUM.

Order dismissing information affirmed.

Defendant was charged with criminal possession of a weapon in the fourth degree (Penal Law, § 265.01). Concededly, although defendant possessed only a "target permit", he was found in possession of the pistol when he was neither at nor in transit to or from a range. Defendant argues, however, that since he possessed a license, albeit limited in scope, he is immune from prosecution by virtue of subdivision...

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