People v. Grillo
| Citation | 15 A.D.2d 502,222 N.Y.S.2d 630 |
| Parties | PEOPLE of the State of New York, Appellant, v. Edward GRILLO, Respondent. |
| Decision Date | 04 December 1961 |
| Court | New York Supreme Court Appellate Division |
Edward S. Silver, Brooklyn, for appellant; Wm. I. Siegel, Brooklyn, of counsel.
Edward B. Joachim, New York City, for respondent.
Before NOLAN, P. J., and UGHETTA, CHRIST, PETTE and BRENNAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the People from an order of the County Court, Kings County, dated March 20, 1961, granting defendant's motion for an inspection of the Grand Jury minutes and for dismissal of an indictment charging defendant with violation of section 1897-b of the Penal Law in that he knowingly had in his possession a pistol from which the manufacturer's serial number or part thereof had been removed, defaced or altered.
Order affirmed.
The County Court held that the instrument was not a pistol within the meaning of said section. The holding was based on the evidence before the Grand Jury which showed that the instrument was incapable of being fired, since its firing pin was broken.
In our opinion, in so holding the court properly followed the settled rule that such a defective instrument is not a pistol under section 1897 of the Penal Law.
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Shorter v. Dist. Attorney Kathleen Rice
...former New York Penal Law, N.Y. Penal Law §§ 1897, 1897-b,1 and a 1961 case that applied the former statute, People v. Grillo, 15 A.D.2d 502, 222 N.Y.S.2d 630 (App. Div. 1961). (Compl. at ¶ IV). In the section of the complaint that calls for injuries claimed as a result of the events compla......
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People v. Harvin
...the crime of possession of a firearm is proof of operability. People v. De Witt, 285 App.Div. 1157, 140 N.Y.S.2d 190; People v. Grillo, 15 A.D.2d 502, 222 N.Y.S.2d 630, affd. 11 N.Y.2d 841, 227 N.Y.S.2d 668, 182 N.E.2d 278; People v. Fwilo, 47 A.D.2d 727, 365 N.Y.S.2d 194; People v. Donalds......
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Nelson R., Matter of
...'inoperable' instead of 'operable' (see below as to this occurrence), a criminal prosecution may be defeated. (See e.g. People v. Grillo, 15 A.D.2d 502, 222 N.Y.S.2d 630, affd., 11 N.Y.2d 841, 227 N.Y.S.2d 668, 182 N.E.2d 278.) The operability test report herein is indistinguishable in prin......
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People v. Longshore
...criminal possession of a handgun the People must prove that the weapon is operable (see, Penal Law § 265.01[1]; People v. Grillo, 15 A.D.2d 502, 222 N.Y.S.2d 630, affd. 11 N.Y.2d 841, 227 N.Y.S.2d 668, 182 N.E.2d 278; People v. Lugo, 161 A.D.2d 122, 554 N.Y.S.2d 849; People v. Actie, 99 A.D......