People v. Cohen

Judgment of the Supreme Court, New York County, rendered November 7, 1975, convicting defendant after trial, of criminal possession of a weapon in.the third degree and sentencing defendant as a *791predicate felon to a term of imprisonment with a minimum of three years and maximum of six years, unanimously reversed, on the law, and a new trial directed. The Trial Justice instructed the jury that under the count of criminal possession of a weapon in the third degree (Penal Law, § 265.02), a person "violates this section of the law by mere possession of a loaded .firearm. A person does not have to…