People v. Cornish

OPINION OF THE COURT

Joseph Slavin, J.

Defendant moves to dismiss the indictment on the ground that subdivision (1) of section 265.02 of the Penal Law is unconstitutionally vague, denies him equal protection of the law, and violates his constitutional right to due process of the law in that it fails to provide an opportunity to contest the constitutionality of his previous conviction.

Defendant has been indicted for criminal possession of a weapon in the third degree (three counts) and reckless endangerment in the second degree. The indictment charges defendant with possession as a felony rather…