Legal Opinion
People v. Ahern
New York Supreme Court
Decided April 15, 1980PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Frederic S. Berman, J.
The defendant is charged with the crime of criminal possession of a weapon in the third degree for allegedly possessing a firearm. In a motion to dismiss the indictment, made at the commencement of the trial prior to jury selection, the issue presented is whether or not a sawed-off shotgun, measuring 27 inches overall, can be a "firearm” within the meaning of subdivision 3 of section 265.00 of the Penal Law.
In support of its position, the defendant contends that the sawed-off shotgun involved here, is, as a matter of law, not a "firearm”.
Subdivision 3…
2Cases cited5 opinions
- People v. CohenAppellate Division of the Supreme Court of the State of New York · 1977
- Leon v. KuhlmannDistrict Court, S.D. New York · 1977
- People v. RobertsAppellate Terms of the Supreme Court of New York · 1974
- People v. CaffreyCriminal Court of the City of New York · 1973
- People v. EldridgeAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by3 opinions
- People v. DavisCriminal Court of the City of New York · 1981
- People v. CortezNew York Supreme Court · 1981
- People v. SuarezAppellate Division of the Supreme Court of the State of New York · 1985