People v. Halstead

OPINION OF THE COURT

Charles A. Posner, J.

In the midst of a bench trial, held before this court, the defendant moves, pursuant to Criminal Procedure Law § 290.10 (1) (a), for the extraordinary and rarely granted remedy of a trial order of dismissal at the close of the People’s case. The defendant is on trial for the sole count of attempted criminal possession of a weapon in the fourth degree (Penal Law §§ 110.00, 265.01 [1]). The defendant contends that the People have failed to establish that he had dominion or control over a gun and ammunition seized at 1370 Ralph Avenue, Kings County,…