The issue on this appeal is the viability of prosecuting this defendant for the crime of attempted criminal possession of a weapon in the third degree (Penal Law §§ 110.00, 265.02 [1]; § 265.01 [1]), which is predicated on defendant's actual possession. Defendant appeals by leave of a Judge of this Court from an order of the Appellate Division, which reversed, on the law, a judgment...
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