The issue to be decided in a felony hearing is whether the "possession" of a loaded gun found on the defendant's person constituted a felony or a misdemeanor as defined in subdivision (4) of section 265.02 of the Penal Law.
The facts, as testified to, by the arresting officer, who was the only witness in the hearing, seem to indicate a case of first impression and are rather novel.
The defendant was arrested after the...
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