A violation of Penal Law § 265.02 (3) requires that the weapon in question be "defaced" within the meaning of that statute, which was neither alleged in the petition and supporting deposition, nor supported by any evidence present at the fact-finding hearing.
Appellant's contention on appeal that his guilt of criminal possession of a weapon in the third degree, in violation of Penal Law § 265.02 (4), was not proven beyond a reasonable doubt, is without merit...
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