People v. Aquart

OPINION OF THE COURT

Harold Adler, J.

In a case of apparent first impression, this court is presented *115with the issue of whether an accusatory instrument charging criminal possession of a crossbow must be supported by allegations that the crossbow is operational. The defendant stands charged with Penal Law § 265.01 (2) (criminal possession of a weapon in the fourth degree) and moves for dismissal on the grounds that the People have failed to allege operability of the crossbow and an intent to use the crossbow against another.

The factual portion of the accusatory instrument states merely that…