People v. Williams

OPINION OF THE COURT

Daniel P. Fitzgerald, J.

The defendant, currently charged with possession of an imitation pistol pursuant to subdivision g of section 436-5.0 of the Administrative Code of the City of New York, moves for an order pursuant to CPL 170.30 (subd 1, par [a]), dismissing the accusatory instrument on the ground that the pistol found in defendant’s possession is not an imitation pistol within the meaning of the section charged.

The defendant is alleged to have possessed a .22 calibre, silver starter’s pistol which had been altered to accept live cartridges and actually loaded with…