MATTER OF CESAR P.


230 A.D.2d 61 (1997)

656 N.Y.S.2d 684

In the Matter of Cesar P., a Person Alleged to be a Juvenile Delinquent, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 28, 1997


Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Stephen J. McGrath and Alan Beckoff of counsel), for appellant.

Jane M. Spinak, New York City (Jonathan M. Kratter of counsel), for respondent.

THOMPSON, JOY and LUCIANO, JJ., concur.


MILLER, J. P.

The instant appeal provides us with an opportunity to reconsider whether a BB gun, powered by a carbon dioxide cartridge, qualifies as an "air-gun" within the proscriptions of Penal Law § 265.05 and Administrative Code of the City of New York § 10-131 (b) (1). Notwithstanding our contrary determination in People v Delisser (177 A.D.2d 702), we...

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