PEOPLE v. WILSON


252 A.D.2d 241 (1998)

684 N.Y.S.2d 718

The People of the State of New York, Respondent, v. Claude J. Wilson, Appellant

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

December 31, 1998


Attorney(s) appearing for the Case

Daniel E. Seaman, Lockport (Joseph Townsend of counsel), for appellant.

Matthew J. Murphy, III, District Attorney of Niagara County, Lockport (Thomas Brandt of counsel), for respondent.

HAYES, BALIO, BOEHM and FALLON, JJ., concur.


DENMAN, P. J.

Defendant's challenge to the jury instructions requires us to decide whether an unloaded shotgun may nonetheless be deemed "loaded" within Penal Law § 10.00 (12), merely because the defendant in possession of the shotgun is simultaneously in possession of shells. If we answer that question in the negative, we must determine whether an unloaded shotgun is a "deadly weapon" within the meaning...

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