People v. Jin Lu

*502OPINION OF THE COURT

Gilbert C. Hong, J.

Procedural History

Defendants were arraigned on September 28, 2012, and were charged with Penal Law § 265.01 (1), criminal possession of a weapon in the fourth degree, a class A misdemeanor.

The facts allege that Officer Majid Ghaffar observed defendants Lin and Lu each carrying a bludgeon, and that he did recover the bludgeons from the ground where he observed the defendants drop them.

Officer Ghaffar’s supporting deposition specifies that the instrument he recovered from each defendant was a metal pipe.

On or about January 7, 2013, defendant Lu moved to…