People v. Ocasio

OPINION OF THE COURT

Memorandum.

Order dismissing information affirmed.

Defendant was charged with criminal possession pf a weapon in the fourth degree (Penal Law, § 265.01). Concededly, although defendant possessed only a “target permit”, he was found in possession of the pistol when he was neither at nor in transit to or from a range. Defendant argues, however, that since he possessed a license, albeit limited in scope, he is immune from prosecution by virtue of subdivision 3 of section 265.20 of the Penal Law. The People, on the other hand, maintain that possession of a weapon in violation of…