People v. Ross

OPINION OF THE COURT

The question presented on these appeals is whether the object possessed — in one case a real but inoperable handgun, and in the other a starter’s pistol — is a “toy or imitation pistol or revolver” within the meaning of subdivision g of section 436-5.0 of the New York City Administrative Code.

In Ross, defendant was arrested for possession of a .25 caliber silver-plated Baretta pistol loaded with four rounds of ammunition, and charged with criminal possession of a weapon (Penal Law, § 265.02, subd [4]). When the gun was found to be inoperable because of a faulty firing pin,…