People v. Blair

Order unanimously reversed on the law, motion granted and judgment vacated. Memorandum: Defendant was charged in a superior court information with one count of criminal possession of a weapon in the third degree pursuant to Penal Law § 265.02 (3), which requires proof that defendant possessed “a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun”. “ ‘Deface’ means to remove, deface, cover, alter or destroy the manufacturer’s serial…