People v. Nesbitt

*491OPINION OF THE COURT

Maky V. Rosado, J.

Defendant is charged in a superseding information, dated March 31, 2015 and filed on April 21, 2015, with criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03); unauthorized use of a vehicle in the third degree (Penal Law § 165.05 [1]); firearms (Administrative Code of City of NY § 10-131 [b]); and unlawful sale, possession, or use of an imitation air pistol (Administrative Code § 10-131 [g] [l]).1 By affirmation dated June 26, 2015, defendant moves to dismiss the charge of Penal Law § 165.05 (1) alleging that the…