People v. Crivillaro

OPINION OF THE COURT

Richard Lee Price, J.

This defendant has been charged with a violation of Penal Law § 265.02 (4). The essential elements of this crime are: (1) possession, (2) of a firearm, (3) that the firearm be loaded. The term firearm, for purposes of this motion, is defined in Penal Law § 265.00. The statute reads as follows: "3. 'Firearm’ means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modifica*528tion, or otherwise) if such weapon as modified has an overall length…