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PEOPLE v. AQUART

171 Misc.2d 114 (1997)

653 N.Y.S.2d 796

The People of the State of New York, Plaintiff, v. Vaughan Aquart, Defendant.

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

January 2, 1997

Attorney(s) appearing for the Case

Legal Aid Society, Bronx (Robert M. Baum and Andrew Freifeld of counsel), for defendant. Robert T. Johnson, District Attorney of Bronx County (Jonathan V. Newton of counsel), for plaintiff.

HAROLD ADLER, J.

In a case of apparent first impression, this court is presented with the issue of whether an accusatory instrument charging criminal possession of a crossbow must be supported by allegations that the crossbow is operational. The defendant stands charged with Penal Law § 265.01 (2) (criminal possession of a weapon in the fourth degree) and moves for dismissal on the grounds that the People...

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