People v. Witherspoon

OPINION OF THE COURT

Donald Grajales, J.

This case presents the issue under the new guidelines set by the Court of Appeals whether criminal possession of a weapon in the third degree is a lesser included offense of criminal possession of a weapon in the second degree. The determination of this issue centers around whether the “home or place of business” exception contained in the section defining criminal possession of a weapon in the third degree is an element of that crime.

Defendant was indicted, inter alla, for the crimes of criminal possession of a weapon in the second degree (Penal Law, §…