PEOPLE v. BUCKMIRE


237 A.D.2d 151 (1997)

655 N.Y.S.2d 9

The People of the State of New York, Appellant, v. Garvin Buckmire, Respondent

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

March 13, 1997


The People established a prima facie case of criminal possession of a weapon in the third degree. The elevator in the office building where defendant, a stockbroker, worked and where he left his loaded and operable firearm cannot be considered his "place of business" within the plain and ordinary meaning of that term.

The "place of business" and "home" exceptions included in Penal Law § 265.02 (4) have not been statutorily defined, but both have been construed...

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