People v. Eldridge

Judgment unanimously reversed, on the law and facts, and indictment dismissed. Memorandum: Defendant appeals from a judgment of conviction for possession of a weapon and dangerous instrument, under subdivision 3 of section 265.05 of the Penal Law. The sole question is whether the People proved the elements of the crime of possession of a firearm. The term "Firearm” is defined in subdivision 3 of section 265.00 of the Penal Law as "any pistol, revolver, sawed-off shotgun or other *1038firearm of a size which may be concealed upon the person” (emphasis supplied). The sawed-off shotgun which the…