People v. Perez

OPINION OF THE COURT

William C. Brennan, J.

Defendants herein were indicted for criminal possession of a weapon in the third degree (knowingly and unlawfully possessing an incendiary bomb; two counts) and reckless endangerment in the first degree (operating a motor vehicle with flammable fluids in the trunk). The defendants were charged as “each aiding the others” with respect to each of the three counts of the indictment.

Defendants are now seeking dismissal pursuant to GPL 210.20, 210.30 and 210.40, specifically addressing the issue as to whether the contents seized from the trunk of their…