People v. Ray

I am unable to concur in the views expressed and the result reached by the majority of the court.

The defendant is charged with committing a misdemeanor under section 1897 of the Penal Law, namely, with carrying and possessing a loaded hunting rifle.

Upon trial the People showed that while being questioned by a police officer on a public street in the early morning hours of January 3, 1961, the defendant was found to have concealed under his coat a loaded 30-30 caliber hunting rifle, also described as a carbine, such possession and concealment being unlicensed.

*120The crux of the defendant’s…