People v. Crivillaro

Order of the Supreme Court, Bronx County (Richard Lee Price, J.), entered August 15, 1989, which dismissed the indictment charging defendant with criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]), reversed, on the law, and the indictment reinstated.

The indictment returned against defendant states, in material part: "The defendant, on or about December 11, 1987, in the County of the Bronx, did knowingly possess a loaded firearm, that being loaded (sic) sawed off shotgun, such possession not being in the defendant’s home or place of business.” It is uncontested that…