People v. Parker

*388OPINION OF THE COURT

Silverman, J.

The People appeal from an order of the Supreme Court, Trial Term, dismissing the indictment before trial pursuant to CPL 210.20 (subd 1, par [h]) i.e.: "(h) There exists some other jurisdictional or legal impediment to conviction of the defendant for the offense charged”.

Defendant was indicted for criminal possession of a weapon in the second degree as defined in section 265.03 of the Penal Law, i.e., possession of a loaded firearm, to wit, a pistol, "with intent to use the same unlawfully against another.” Defendant moved to dismiss the indictment on the…