People v. Simmons

OPINION OF THE COURT

Richard T. Andrias, J.

The defendants, alleged to have been acting in concert, were originally charged with menacing (Penal Law, § 120.15) and subdivision (2) of section 265.01 of the Penal Law, criminal possession of a weapon in the fourth degree (possession of a “dangerous or deadly instrument or weapon with intent to use the same unlawfully against another”). However, upon the receipt of the police laboratory ballistics report finding the subject shotgun to be “inoperable” because of a missing trigger mechanism, the District Attorney, while retaining the menacing charge,…