People v. De Witt

Judgment of the County Court, Queens County, convicting appellant, as a second felony offender, of criminally possessing a dangerous weapon in violation of section 1897 of the Penal Law, as a felony, reversed on the law and the facts and a new trial ordered. The indictment, as amended, upon which the case was submitted to the jury, charged in substance that appellant and another, acting in concert, had a pistol in their possession in an automobile, other than a public omnibus, without a written license therefor. There was evidence concerning two pistols; People’s Exhibit I, which was…