| People v Jones |
| 2013 NY Slip Op 00690 [103 AD3d 411] |
| February 5, 2013 |
| Appellate Division, First Department |
| The People of the State of New York,Appellant, v Harold Jones, Respondent. |
—[*1] Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem ofcounsel), for respondent.
Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on orabout March 2, 2011, which, inter alia, reduced a count charging criminal possession of aweapon in the second degree to criminal possession of a weapon in the third degree,unanimously reversed, on the law, and the charge of second-degree weapon possession isreinstated. Appeal from order, same court and Justice, entered on or about June 15, 2011,which effectively granted reargument and, upon reargument, adhered to its March 2,2011 order, unanimously dismissed as academic. Appeal from order, same court andJustice, entered on or about March 10, 2011, unanimously dismissed as nonappealable.
The court erred in reducing the charge to third-degree weapon possession on thebasis of the "home or place of business" exception (Penal Law § 265.03 [3]). Theindictment properly charged defendant with second-degree possession, since Penal Law§ 265.03 (3), by referencing Penal Law § 265.02 (1), criminalizes thepossession of a loaded firearm, even in the home, where a defendant has previously beenconvicted of any crime (seePeople v Hughes, 83 AD3d 960 [2d [*2]Dept2011], lv granted 19 NY3d 961 [2012]). The People properly charged the priorconviction by way of a special information (see CPL 200.60), and defendant'sarguments to the contrary are without merit. Concur—Friedman, J.P., DeGrasse,Richter, Abdus-Salaam and Feinman, JJ.