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Legal Opinion

People v. Madehere

Criminal Court of the City of New York

Decided January 16, 1991PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Michael A. Gary, J.

Defendant is charged with unlawful possession and use of a shotgun in violation of Penal Law § 265.01 (2) (criminal possession of a weapon in the fourth degree), reckless endangerment in the second degree (Penal Law § 120.20) — both class A misdemeanors, and also menacing (Penal Law § 120.15) — a class B misdemeanor. He has moved pursuant to CPL 170.30 (1) (a) and 170.35 (1) (a) to dismiss all charges for facial insufficiency. Resolution of this motion highlights an apparent loophole in the statutory scheme to prosecute and punish illegal gun possession.

D…

2Cases cited14 opinions

  1. People v. AlejandroNew York Court of Appeals · 1987
  2. People v. BaskervilleNew York Court of Appeals · 1983
  3. People v. CarterNew York Court of Appeals · 1981
  4. People v. DavisNew York Court of Appeals · 1988
  5. People v. ShafferNew York Court of Appeals · 1985

9 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 1998
  2. People v. IftikharCriminal Court of the City of New York · 2000
  3. People v. HabenichtNassau County District Court · 1992

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