People v. Maniscalco

OPINION OF THE COURT

Charles A. Kuffner, Jr., J.

Defendant is charged with criminal possession of a weapon *892in the third degree. After conducting a hearing on July 2, 1992, defendant moved to dismiss or, in the alternative, reduce the indictment to a misdemeanor possession because the circumstances concerning the weapon’s location fall within the exception of section 265.02 (4) of the Penal Law.

The provisions of this section make it a class D felony to possess a loaded firearm unless "such possession takes place in such person’s home or place of business” in which event the violation would only…