People v. Rivers

On September 22, 1973, the defendant, Norris Eivers, was arrested and charged with violating subdivision 3 of section 265.05 of the Penal Law, possession of a loaded firearm. The alleged firearm was a ;22 calibre Eohm BG8 revolver loaded with two live rounds of ammunition and one spent shell. The gun was colored black and the barrel of the revolver was clear.

At a preliminary hearing held on September 26, 1973, the ballistics report, containing a statement that the gun was not operable, was entered into evidence. Since the gun was inoperable, the Penal Law violation was dismissed on the ground…