People v. Oppman

The defendant is charged with violating section 42-5 of the Code of the City of Yonlcers in that on the 26th day of July, 1969, he fired ‘1 one round from a 22 caliber rifle into the air from the southwest second floor bedroom of his home. ’ ’

The statute reads as follows: “ The firing of a gun or a pistol or any other firearm in the City shall be prohibited.”

At a trial held, without a jury, on December 12, 1969, the arresting officer testified that he was sent to the area to investigate a report that a gun had been discharged; that he spoke to the defendant, and that the defendant admitted…