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Court of Appeals – Criminal possession of a weapon: People v. Burgess
Daily Record Staff//May 13, 2026//
Court of Appeals – Criminal possession of a weapon: People v. Burgess
Daily Record Staff//May 13, 2026//
New York State Court of Appeals
Criminal possession of a weapon — Operability — Sufficiency of criminal information
No. 35
Judge Halligan
Background: The defendant pleaded guilty to a single misdemeanor count of criminal possession of a weapon after being charged with several weapons-related offenses.
Ruling: The Court of Appeals reversed. The court held that under the standard applied to a misdemeanor information, the misdemeanor charge to which he pleaded guilty was insufficient. The court noted the operability of a firearm is an element of criminal possession of a weapon. Thus, it must be alleged in a misdemeanor information even though it is not explicitly set forth as an element in the statute.
Ji Hyn Rhim for the appellant; Justin J. Braun for the respondent.
Case Digests
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