People v. Lavander

OPINION OF THE COURT

Joseph A. Grosso, J.

The defendant, a 16-year-old high school student, is charged with attempted possession of a weapon in the fourth degree (Penal Law §§ 110.00, 265.01 [1]). He moves for an order *993dismissing the accusatory instrument as defective contending that there is no such crime as an attempt to possess a weapon under the circumstances of the case or, alternatively, that the reduction of the felony charges pursuant to CPL 180.50 was improper since the crime alleged in the superseding affidavit is not a proper lesser included offense of the crime charged in the…