The presentment agency seeks to amend the petition pursuant to Family Court Act § 311.5 by adding count 4 which would read criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]) committed as follows: "The respondent in the County of the Bronx, on or about 11/23/88, possessed a loaded firearm, to wit, a pistol, said possession not being in the Respondent's home or place of business."
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