People v. Roman

*972OPINION OF THE COURT

Martin Marcus, J.

In this case, the defendant, who was hired to protect a store and its owner, has been charged with criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]), a class D felony. The indictment arises out of an incident in which the defendant displayed and fired a weapon while foiling an attempt to rob the store. The defendant now asks the court to inspect the Grand Jury minutes and reduce the charge against him to the lesser offense of criminal possession of a weapon in the fourth degree (Penal Law § 265.01), a class A misdemeanor. The…