People v. Jones

*56OPINION OF THE COURT

Smith, J.

Defendant was charged with criminal possession of a weapon in the second degree for possessing a loaded firearm. The alleged possession occurred in his home, but defendant had previously been convicted of a crime. He claims that under Penal Law § 265.03 (3) he is entitled, despite his prior conviction, to rely on the so-called “home or business” exception in the definition of second degree weapon possession. We reject that argument and hold that defendant’s indictment for second degree possession was proper.

I

Defendant was charged in two indictments with a variety…