Order unanimously reversed on the law, motion granted and judgment vacated.
Memorandum:
Defendant was charged in a superior court information with one count of criminal possession of a weapon in the third degree pursuant to Penal Law § 265.02 (3), which requires proof that defendant possessed "a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the...
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