People v. Caffrey

Pursuant to subdivision 2 of CPL 180.10 a hearing was held upon the issue of whether there was sufficient evidence to warrant the court in holding the defendant for the action of the Grand Jury.

The felony complaint charged the defendant with having committed the crimes of defacing a firearm (Penal Law, § 265.10) and possession of a dangerous weapon (Penal Law, § 265.05). *505Essentially, the testimony adduced at the hearing was that the defendant was seen as a passenger in a taxicab carrying on his lap, in open view, a loaded sawed-off .22 calibre rifle.

As to the charge of willfully defacing a…