Judgment reversed, on the law, indictment dismissed and case remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. Subdivision (4) of section 265.02 of the Penal Law provides that a person is guilty of criminal possession of a weapon when "[h]e possesses any loaded firearm."
The indictment charges defendant, pursuant to subdivision (4) of section 265.02, with possession of a firearm on October 29...
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