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PEOPLE v. ABDULLAH

23 Misc.3d 232 (2008)

870 N.Y.S.2d 886

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ALBI ABDULLAH, Defendant.

Criminal Court of the City of New York, Kings County.

Decided December 30, 2008.

Attorney(s) appearing for the Case

Legal Aid Society, Brooklyn (Steven Banks and Jeffrey Sugarman of counsel), for defendant.

Charles J. Hynes, District Attorney, Brooklyn (Danielle Muscatello of counsel), for plaintiff.

OPINION OF THE COURT

DENA E. DOUGLAS, J.

Defendant, Albi Abdullah, was arraigned on August 1, 2008 on a charge of criminal possession of a weapon in the fourth degree pursuant to Penal Law § 265.01 (1). Defendant moves for dismissal of the charge on the ground that Penal Law § 265.01 is unconstitutional and that such charge constitutes a violation of defendant's Second Amendment right to keep and bear...

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