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PEOPLE v. WALSTON

147 Misc.2d 679 (1990)

The People of the State of New York, Plaintiff, v. Carl S. Walston, Travis B. Jenkins and Brian K. Demun, Defendants.

Criminal Court of the City of New York, Kings County.

April 19, 1990

Attorney(s) appearing for the Case

Philip Devereaux for Carl Walston, defendant. Tracey Mitchell for Brian Demun, defendant. Charles J. Hynes, District Attorney (Conrad Ledoux of counsel), for plaintiff.

MICHAEL A. GARY, J.

In a matter of apparent first impression, the issue presented in this case is whether a weapon must be operable at the moment of its seizure by the police in order to constitute a violation of section 10-131 (h) (1) of the Administrative Code of the City of New York.

The complaint in this case states, in pertinent part: "OFF. Robert J. Murray of 67PC, shield 1637 says that on or...

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