People v. La Paz

OPINION OF THE COURT

Edward S. Lentol, J.

This is a motion by defendant for an order dismissing the indictment herein pursuant to CPL 210.20 (subd 1, par [b]) and 210.30 (subds 1, 3, 5).

The indictment herein accuses the defendant of the crime of criminal possession of a weapon in the third degree (Penal Law, § 265.02, subd [4]) a class D felony in that on January 30, 1978 in the County of Kings he knowingly and unlawfully *757possessed a loaded firearm, such possession not being in the defendant’s home or place of business.

The Grand Jury minutes disclose and it is uncontroverted that on January 30,…