Legal Opinion
People v. C. C.
New York Supreme Court
Decided July 24, 1989Published
1Opinion of the Court
OPINION OF THE COURT
Richard Lee Price, J.
The defendant has made an application to this court to dismiss the indictment contending that the weapon he is *351accused of possessing is not, as a matter of law, a firearm as that term is defined in Penal Law § 265.00 (3), (12).
The People oppose this motion, contending that there is at least a question of fact as to whether or not the weapon is a firearm.
This statute has long been problematic for this and other courts (see, People v Crivillaro, 142 Misc 2d 527 [1989] [hereinafter Crivillaro I]; People v Santiago, 133 Misc 2d 161 [Sup Ct, NY County 1986,…
2Cases cited9 opinions
- Boltax v. Joy Day CampNew York Court of Appeals · 1986
- Howard v. Poseidon Pools, Inc.New York Court of Appeals · 1988
- Brook v. StateIndiana Court of Appeals · 1983
- People v. OquendoAppellate Division of the Supreme Court of the State of New York · 1987
- Baginski v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1987
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