People v. Valentin

OPINION OF THE COURT

Alfred H. Kleiman, J.

In the second count of the indictment the defendant is charged with the crime of criminal possession of a weapon in the third degree committed as follows: "The said defendant, in the County of Bronx, on or about August 11, 1977 did possess an incendiary device.”

The underlying statute is subdivision (2) of section 265.02 of *1124the Penal Law which provides: "A person is guilty of criminal possession of a weapon in the third degree when * * * (2) He possesses any * * * incendiary bomb”.

Defendant moved to dismiss the above count of the indictment upon the…