People v. Astor

OPINION OF THE COURT

William Holland, J.

The defendant, Hernán Astor, is charged in this indictment with criminal possession of a weapon in the third degree (Penal Law, § 265.02, subd [4]) and criminal possession of stolen property in the second degree (Penal Law, § 165.45, subd 3, [L 1969, ch 354]). The subject matter of both counts involves the same item, to wit, a .32 caliber loaded revolver.

A nonjury trial was conducted before this court on January 23, 1979. At the end of the entire case, defense counsel moved *1085for a trial order of dismissal of both counts contained in the indictment…