IN THE MATTER OF DAVID H.


30 A.D.3d 285 (2006)

817 N.Y.S.2d 269

In the Matter of DAVID H., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

June 22, 2006.


To establish the charge of unlawful possession of an air pistol in violation of section 10-131 (b) (1) of the Administrative Code of the City of New York, the presentment agency was required to prove, inter alia, that appellant possessed the air pistol. The evidence was legally insufficient to establish that appellant possessed the air pistol. On the possession issue, the evidence established only that a teacher saw appellant inside a closet area "flipping the top of his...

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