Weapon Possession Count Dismissed
Appellant Ilyas Tromp was charged with, inter alia, criminal possession of a weapon in the second degree pursuant to Penal Law § 265.03(3), which exempts from criminal liability a person’s possession of a loaded firearm when such possession takes place in the person’s home or place of business. The indictment, however, failed to allege that appellant's possession of the weapon was outside of his home or place of business. Accordingly, the Second Department held that the indictment was jurisdictionally defective, reversed appellant's conviction of criminal possession of a weapon in the second degree, and dismissed that count.
Cynthia Colt represented Mr. Tromp in the Second Department.