People v. Todd

OPINION OF THE COURT

Joseph A. Grosso, J.

The defendant is charged with attempted criminal posses*580sion of a weapon in the fourth degree (Penal Law §§ 110.00, 265.01 [1]). He moves for an order dismissing the accusatory instrument contending that there is no such crime under the circumstances of present in this case. The motion is decided as follows:

STATEMENT OF FACTS

The defendant was arrested on December 4, 1991 and charged in a felony complaint with violating Penal Law § 265.02 (4) and Penal Law § 265.01 (1), the People alleging that the defendant possessed a loaded .22 caliber handgun on his…