People v. Nentarz

The grand jury in an indictment charged the defendant with the commission of a felony under section 1897, subdivision 4, of the Penal Law in that after having been convicted of a felony and being over sixteen years of age, he possessed a weapon, namely, a pistol or revolver of the size that might be concealed upon his person, without having procured a license therefor. At the trial two admissions, one of ownership of such a weapon and the other of possession of such a weapon, were proved. This was not enough to justify a conviction, for section 395 of the Code of Criminal Procedure provides…