People v. Gordian

Defendant did not receive effective assistance of counsel. The existing record establishes that trial counsel’s performance was prejudicially deficient based on her demonstrated lack of comprehension of a material provision of law.

Defendant was arrested while carrying a bag containing an unloaded .22 caliber revolver and eight loose rounds of .22 caliber ammunition. Criminal possession of a weapon in the second degree involves the possession of a “loaded firearm” outside the defendant’s home or place of business (Penal Law § 265.03 [3]). Penal Law § 265.00 (15) provides that loaded firearm…