People v. Flook

OPINION OF THE COURT

Frederic T. Henry, Jr., J.

Defendant has moved for dismissal of the indictment counts *285for insufficient evidence presented to the Grand Jury. In addition he seeks dismissal of count three (criminal possession of a weapon in the fourth degree, Penal Law § 265.01 [4]) asserting this court did previously issue a certificate of relief from disabilities which would allow him to possess firearms. In response to the motion, this court has reviewed the Grand Jury minutes and finds the proof sufficient to support the indictment counts.

As to the issue raised concerning count three,…