Adamowicz v. Shafer

OPINION OF THE COURT

Peter R. Sprague, J.

ISSUE

In this personal injury civil action stemming from a recre*696ational "wargames” accident, the court is asked to determine whether a "splatball” pistol, which propels by carbon dioxide cartridge a pellet filled with paint, constitutes one of the "instruments or weapons” which Penal Law § 265.05 proscribes for possession by persons under the age of 16.

FACTS

On October 25, 1987 plaintiff Jeremy Adamowicz sustained injuries to his right eye while participating in a game of splatball. His eye was struck by a paint pellet. The "shooter” was a young man less…