PEOPLE v. CORTEZ


110 Misc.2d 652 (1981)

The People of the State of New York, Plaintiff, v. Linda Cortez and Candida Delmoral, Defendants.

Supreme Court, New York County.

August 13, 1981


Attorney(s) appearing for the Case

Joseph Suraci for Linda Cortez, defendant. Robert R. Race for Candida Delmoral, defendant. Robert M. Morgenthau, District Attorney (Elizabeth Phillips Marsh of counsel), for plaintiff.


IRVING LANG, J.

The primary question before this court on the defendants' motion to inspect the Grand Jury minutes is what size must a sawed-off shotgun be before it will qualify as a prohibited "firearm" under subdivision 3 of section 265.00 of the Penal Law. The statute reads that a "`firearm' means any pistol, revolver, or sawed-off shotgun or other firearm of a size which may be concealed upon the person, except an antique firearm."

Although...

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