People v. Keating

David 0. Boehm, J.

The defendant was indicted in a two-count indictment charging him with the violation of subdivisions 2 and 8 of section 265.05 of the Penal Law of the State of New York.

*812A motion directed to the dismissal of subdivision 8 of section 265.05 has been made on the ground that the weapon in question has not been defaced within the statutory definition as set forth in subdivision 7 of section 265.00.

The question before the court is whether the sawing-off of the barrel and stock of the weapon in question constitutes sufficient evidence upon which to sustain count one of the…