People v. Sullivan

Judgment reversed on the law and indictment dismissed. Memorandum: Defendant stands convicted of possession of an explosive substance with intent to use it unlawfully against the person or property of another in violation of subdivision 7 of section 265.05 of the Penal Law. The indictment charges and the proof establishes that he possessed two bottles filled with kerosene with a wick inserted in each bottle. In interpreting the statute to determine whether its intent is to proscribe possession of kerosene as an explosive substance we should consider its purpose, giving its words their usual…