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DANIELLE A. v. CHRISTOPHER P.

3 Misc.3d 357 (2004)

776 N.Y.S.2d 446

DANIELLE A., an Infant, by Her Father and Natural Guardian, DARRYL A., et al., Plaintiffs, v. CHRISTOPHER P. et al., Defendants.

Supreme Court, Richmond County.

February 13, 2004.

Attorney(s) appearing for the Case

Bosco, Bisignano & Mascolo for plaintiffs.

Michael F.X. Manning for defendants.

OPINION OF THE COURT

JOSEPH J. MALTESE, J.

In a case of first impression, this court holds that a paintball gun which uses a carbon dioxide cartridge is an "air-gun" as defined in Penal Law § 265.05 and under Administrative Code of the City of New York § 10-131 (b) (1). This court finds that the possession and use of a paintball gun by a 13-year-old boy with the knowledge and consent of his parents makes...

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