People v. Vernon

The defendant is charged with the crime of criminal possession of a weapon in the third degree under subdivision (1) of section 265.02 of the Penal Law.

He moves to preclude his being considered a second-felony offender upon conviction. The People oppose defendant’s motion.

For the purpose of this motion, the facts as set forth in the defendant’s affidavit are not disputed and are the facts herein found by the court:

On November 16, 1974 the defendant was arrested for possession of an unloaded pistol. Since he had previously been convicted of a crime, defendant was indicted for criminal…