People v. Martinez

Judgment, Supreme Court, New York County (Scott, J.), rendered April 21, 1982, after a jury trial held in the absence of the defendant, convicting him of criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]), reversed, on the law, and the matter remanded for a new trial.

On October 6, 1980 defendant and another individual were detained by security personnel of a New York City department store on suspicion of shoplifting. A loaded weapon was found on the person of the defendant. On October 14,1980 he was indicted for criminal possession of a weapon in the third degree.

Defe…