People v. Mott

OPINION OF THE COURT

Frederic S. Berman, J.

Under what circumstances does possession of a replica of a 19th century antique, muzzle-loading pistol constitute a violation of the provisions of section 265.02 of the Penal Law?

This novel and intriguing question was raised by the defendant, who stands accused of the felony offense of criminal possession of a weapon in the third degree, in a motion brought to dismiss the indictment under CPL 210.20.

The facts are substantially uncontroverted. On May 11, 1981, on a subway platform at Broadway and 96th Street in Manhattan, a transit police officer…