You are here: / / “Home or Business Exception” to Criminal Possession of a Weapon Does Not...

“Home or Business Exception” to Criminal Possession of a Weapon Does Not Apply to Defendant Previously Convicted of a Crime

In a full-fledged opinion by Judge Smith, the Court of Appeals determined the “home or business exception” to criminal possession of a weapon in the second degree did not apply when the defendant has been previously been convicted of any crime:

…[T]his appeal requires us to interpret the “home or business” exception to the third-degree weapon possession statute, Penal Law § 265.03 (3).  Under that statute:

“A person is guilty of criminal possession of a weapon in the second degree when:” (3) such person possesses any loaded firearm.  Such possession shall not, except as provided in subdivision one . . . of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person’s home or place of business.”

Section 265.02 (1), to which the above quoted language refers, defines criminal possession of a weapon in the third degree.  Under Penal Law § 265.02 (1), a person is guilty of third degree criminal possession when he or she “commits the crime of criminal possession of a weapon in the fourth degree . . . and has been previously convicted of any crime.”  The Appellate Division read the reference in section 265.03 (3) to section 265.02 (1) as creating an exception to the home or business exception — i.e., to make that exception inapplicable when the defendant has a previous criminal conviction.  We agree with this reading of the statute.  People v Jones, 185, CtApp 11-19-13

 

You might also like
AN ADEQUATE WAIVER OF APPELLATE RIGHTS AT SENTENCING DOES NOT REMEDY AN INADEQUATE WAIVER AT THE TIME OF THE PLEA.
Triggering Event for the Statute of Limitations Re: a Challenge of the Termination of Section 8 Rent Subsidies Is the Sending of the So-Called T-3 Letter-Notification, Irrespective of Whether the Two Prior Required Letter-Notifications Were Sent
PURSUANT TO NEW YORK CITY CIVIL COURT ACT 1808, COLLATERAL ESTOPPEL OR ISSUE PRECLUSION DOES NOT APPLY TO SMALL CLAIMS ACTIONS, BUT RES JUDICATA OR CLAIM PRECLUSION DOES APPLY TO SMALL CLAIMS ACTIONS (CT APP). ​
PARENTS’ MEDICAL MALPRACTICE ACTION FOR EXTRAORDINARY EXPENSES ASSOCIATED WITH THE CARE OF A CHILD BORN WITH A GENETIC DEFECT AFTER IN VITRO FERTILIZATION ACCRUES UPON THE BIRTH OF THE CHILD, NOT WHEN THE EGG WAS IMPLANTED (CT APP).
DEFENDANT’S CHALLENGES TO THE HARVESTING FOR USE AT TRIAL OF RECORDINGS OF PHONE CALLS MADE BY INMATES DURING PRE-TRIAL INCARCERATION REJECTED; THE PRACTICE HOWEVER WAS NOT CONDONED AND THE PREJUDICE TO DEFENDANTS WHO CANNOT MAKE BAIL WAS EXPRESSLY NOTED.
NYC Department of Education Must Defend Employees Sued for Alleged Use of Corporal Punishment
STATE’S RULING SCHOOL DISTRICT VIOLATED INDIVIDUALS WITH DISABILITIES ACT NOT FINAL, ARTICLE 78 PROCEEDING CHALLENGING RULING PROPERLY DISMISSED.
Analytical Criteria for Determining Whether a Defect Is Trivial Explained

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

Copyright © 2023 New York Appellate Digest, LLC
Site by CurlyHost | Privacy Policy

Defendant Who Was Not Informed His Guilty Plea Would Result in Deportation Was... Statute Which Elevates Criminal Possession of a Weapon to a C Felony, Even When...