This defendant has been charged with a violation of Penal Law § 265.02 (4). The essential elements of this crime are: (1) possession, (2) of a firearm, (3) that the firearm be loaded. The term firearm, for purposes of this motion, is defined in Penal Law § 265.00. The statute reads as follows: "3. `Firearm' means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length...
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