The indictment returned against defendant states, in material part: "The defendant, on or about December 11, 1987, in the County of the Bronx, did knowingly possess a loaded firearm, that being loaded (sic) sawed off shotgun, such possession not being in the defendant's home or place of business." It is uncontested that the weapon taken from defendant was manufactured as a shotgun. However, because the stock had been cut down, Supreme Court found that the weapon, as...
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