Legal Opinion
In re Cesar P.
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 1997PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Miller, J. P.
The instant appeal provides us with an opportunity to reconsider whether a BB gun, powered by a carbon dioxide cartridge, qualifies as an "air-gun” within the proscriptions of Penal Law § 265.05 and Administrative Code of the City of New York § 10-131 (b) (1). Notwithstanding our contrary determination in People v Delisser (177 AD2d 702), we now hold that it does.
The facts of the underlying matter are not in serious dispute. The respondent, Cesar P., a person under the age of 16, was observed by a police officer to be in possession of a gun that turned out to…
2Cases cited9 opinions
- People v. DittaNew York Court of Appeals · 1981
- State v. DallenSupreme Court of Iowa · 1990
- State v. SeifertSupreme Court of Minnesota · 1977
- State v. OrlandoNew Jersey Superior Court Appellate Division · 1993
- People v. PestronkNew York City Magistrates' Court · 1956
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- DiSilvestro v. SamlerAppellate Division of the Supreme Court of the State of New York · 2006
- Danielle A. v. Christopher P.New York Supreme Court · 2004