People v. Perez

OPINION OF THE COURT

Frederic S. Berman, J.

Can a defendant “possess” a loaded gun where the evidence shows the weapon to be in the hands of another individual in the apartment who is observed dropping it out of a window?

This interesting question is raised during the course of a jury trial by the defendant, Arnold Perez, accused of multiple counts charging him with possession of drugs and weapons. At the conclusion of the People’s case, the defendant moves for a trial order of dismissal as to one of the counts in the indictment charging him with criminal possession of a weapon in the third…