People v. Rodriguez

Lazer, J. P. (dissenting).

Under Penal Law § 265.02 (4) possession of a loaded firearm does not constitute criminal possession of a weapon in the third degree if this possession takes place at the home or place of business of the possessor. Debated here is the validity of defendant’s conviction for that *344crime despite the absence of any proof that the possession occurred outside of his place of business. Since it is the People’s obligation to plead and prove as an element of the crime that the possession did not take place in the defendant’s place of business, I cannot agree with my colleagues…